GENERAL CORPORATION v. SWEETON

Civ. A. Nos. 73-194 NE., 73-427 S.

365 F.Supp. 1182 (1973)

GENERAL CORPORATION et al., Plaintiffs, v. Eugene SWEETON et al., Defendants. MTM, INC., an Alabama corp., and Mobile Bookmart, Inc., an Alabama corporation, Plaintiffs, v. William J. BAXLEY, in his capacity as Attorney General for the State of Alabama, et al., Defendants.

United States District Court, N. D. Alabama, Northeastern and S. Divisions.

October 18, 1973.


Attorney(s) appearing for the Case

Heiskell, Donelson, Adams, Williams & Wall, Memphis, Tenn., Robert E. Willisson and Morring, Giles, Willisson, Jefferson & Weir, Huntsville, Ala., for plaintiffs in Civ.A. No. 73-194 NE.

Glenn F. Manning and Martinson, Manning & Martinson, Huntsville, Ala., A. S. Johnston, III, Biloxi, Miss., Charles H. Younger, pro se, for defendants in Civ.A. No. 73-194 NE.

Ferris Ritchey, Birmingham, Ala., Gilbert H. Deitch, Atlanta, Ga., Robert Eugene Smith, Baltimore, Md., for plaintiffs in Civ.A. No. 73-427 S.

Herbert Jenkins, Jr., Birmingham, Ala., William A. Jackson, Legal Adviser to Governor, Montgomery, Ala., William J. Baxley, Atty. Gen., Donald G. Valeska, II, Asst. Atty. Gen., Montgomery, Ala., Earl C. Morgan, Dist. Atty., David Cromwell Johnson, Deputy Dist. Atty., Birmingham, Ala., for defendants in Civ.A. No. 73-427 S.

Before RIVES, Circuit Judge, and McFADDEN and POINTER, District Judges.


POINTER, District Judge:

Positing jurisdiction under 28 U.S.C. §§ 1343(3) and 2201, plaintiffs filed these actions under 42 U.S.C. § 1983, seeking injunctive and declaratory relief from state court orders, entered pursuant to Alabama nuisance statutes, Alabama Code, Title 7, §§ 1091-11081, enjoining the operation of several theatres and book stores. These two cases were consolidated pursuant to Rule 42, F.R. Civ...

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