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BRYANT v. MORGAN

No. 71-2321 Summary Calendar.

451 F.2d 354 (1971)

Wayland BRYANT and Ronald Williams, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Earl MORGAN, individually and as District Attorney of the Tenth Judicial Circuit of Alabama, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 22, 1971.

Attorney(s) appearing for the Case

Jack Drake, University, Ala., for plaintiffs-appellants.

Earl Morgan, Dist. Atty., Jefferson County, Birmingham, Ala., William J. Baxley, Atty. Gen. of Ala., J. Victor Price, Jr., Montgomery, Ala., George C. Batcheler, Deputy Dist. Atty., Tenth Judicial Circuit, Birmingham, Ala., for defendants-appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 22, 1971.

PER CURIAM:

These appellants have been indicted and arraigned for assaulting a peace officer with a deadly instrument in violation of the laws of Alabama. Arraignment occurred on November 24, 1970.

On December 29, 1970, plaintiffs filed a complaint in the United States District Court attacking (1) the system prevailing in Jefferson County, Alabama, for the exercise of peremptory challenges to...

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