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80 DRIVE-IN, INC. v. BAXLEY

No. 71-3121 Summary Calendar.

468 F.2d 611 (1972)

80 DRIVE-IN, INC., an Alabama corporation and Ernest Jones, Jr., Plaintiffs-Appellants, v. William J. BAXLEY, the Attorney General of the State of Alabama, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 5, 1972.

Attorney(s) appearing for the Case

James W. May, Birmingham, Ala., for plaintiffs-appellants.

William J. Baxley, Atty. Gen. of Ala., Montgomery, Ala., William T. Faile, Dist. Atty., Fourth Judicial Circuit of Alabama, Selma, Ala., for defendants-appellees.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

The State of Alabama, through its duly authorized officials, filed a bill in state court to enjoin the operation of an outdoor theatre in such a manner as to constitute a public nuisance. Three weeks later the corporate owner of the theatre filed a complaint in the United States District Court asking that the officials be enjoined from prosecuting the state court action and that an order be issued declaring that the Alabama public nuisance statute was...

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