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CALLAHAN v. WALLACE

No. 71-3309.

466 F.2d 59 (1972)

Eddie L. CALLAHAN et al., Plaintiffs-Appellants, v. George C. WALLACE, as Governor of Alabama, his agents, assigns, and successors in office, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 31, 1972.

Attorney(s) appearing for the Case

Joseph J. Levin, Jr., Levin & Dees, Montgomery, Ala., for plaintiffs-appellants.

William J. Baxley, Atty. Gen. of Ala., J. Victor Price, Jr., Asst. Atty. Gen., and L. H. Walden, Montgomery, Ala., for Baggett and Mills, and others.

J. Earl Smith, Dothan, Ala., for West. Kenneth R. Cain, Ozark, Ala., for Wilkinson.

Richard H. Poellnitz, Greensboro, Ala., for Byars.

Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for the State.

Knox, Jones, Woolf & Merrill, Anniston, Ala., for Wager.

Pope & Floyd, Phenix City, Ala., for Starks and Williams.

Ralph R. Banks, Jr., Eutaw, Ala., for Tuck.

Paul J. Hooton, Roanoke, Ala., for Chase and Brazeal.

Taylor Wilkins, Jr., Bay Minette, Ala., for Thames.

T. R. Ward, Abbeville, Ala., for Nordan.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

In this appeal of a class action the only issues now asserted are monetary refunds to members of the class and attorney fees. The action was brought in July 1971 in the United States District Court for the Middle District of Alabama, under 42 U.S.C. § 1983, against all justices of the peace and all sheriffs in Alabama, the Director of the Department of Public Safety (who is in charge of Alabama state troopers), and the State Comptroller...

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