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LAY v. CITY OF KINGSPORT, TENNESSEE

No. 71-1210.

454 F.2d 345 (1972)

Dr. Elery LAY et al., Plaintiffs-Appellants, v. CITY OF KINGSPORT, TENNESSEE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 26, 1972.

Attorney(s) appearing for the Case

James H. Cheek, III, Nashville, Tenn.; Charles K. Wray, Nashville, Tenn., N. R. Coleman, Jr., Greeneville, Tenn., on brief; Bass, Berry & Sims, Nashville, Tenn., Milligan, Silvers, Coleman & Fletcher, Greeneville, Tenn., of counsel for appellants.

Howard E. Wilson, Kingsport, Tenn., W. E. Weber, City Atty., Kingsport, Tenn., C. Hayes Cooney, Asst. Atty. Gen., Nashville, Tenn., on brief; Wilson, Worley, Gamble & Dodson, Kingsport, Tenn., of counsel, for appellees.

Before McCREE, BROOKS, and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal from an order of a Three-Judge District Court, convened pursuant to the provisions of Title 28 U.S.C. §§ 2281 and 2284, dissolving itself on the ground that the suit in question presents no substantial Federal claim. The parties will be referred to as in the court below.

The order in question remanded the action to the United States District Court for the Eastern District...

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