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ALABAMA LAB. COUN., P. E. U., LOC. NO. 1279 v. STATE OF ALABAMA

No. 71-1489.

453 F.2d 922 (1972)

ALABAMA LABOR COUNCIL, AFL-CIO, PUBLIC EMPLOYEES UNION, LOCAL NO. 1279, et al., Plaintiffs-Appellants, v. The STATE OF ALABAMA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

James C. Wood, Otto E. Simon, Mobile, Ala., Simon & Wood, Mobile, Ala., for plaintiffs-appellants.

William J. Baxley, Atty. Gen. of Alabama, Gordon Madison, J. Victor Price, Asst. Attys. Gen., Montgomery, Ala., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

The Alabama Labor Council, other unincorporated labor unions, and five employees of the Alcoholic Beverage Control Board of the State of Alabama (appellants) brought this action against the State of Alabama and certain state officials (appellees) in their own behalf and as a class seeking a declaratory judgment that the Solomon Act, Ala.Code title 55, §§ 317(1)-(4) is unconstitutional. A three judge court was constituted to consider...

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