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HALPERN v. AUSTIN

Civ. A. No. C74-315A.

385 F.Supp. 1009 (1974)

Howard I. HALPERN v. D. H. AUSTIN, Individually and in his capacity as Clerk of the Civil Court of Fulton County, Georgia, et al.

United States District Court, N. D. Georgia, Atlanta Division.

November 20, 1974.

Attorney(s) appearing for the Case

Martin M. Pollack and Gus H. Small, Jr., of Lipshutz, Macey, Zusmann & Sikes, Nancy S. Cheves of Atlanta Legal Aid Society, Atlanta, Ga., for plaintiff.

Charles F. Reeves, of Patrick, Sidener, Bryant & Hamner, East Point, Ga., for defendant Austin.

Martin H. Peabody and John R. Martin of Alston, Miller & Gaines, Atlanta, Ga., for defendant Price.

Gerstein, Carter & Chesnut, Doraville, Ga., for defendant Mrs. Halpern.

Before BELL, Circuit Judge and O'KELLEY and FREEMAN, District Judges.

O'KELLEY, District Judge:

The plaintiff has invoked federal jurisdiction under 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3) and (4), requesting injunctive relief restraining the defendants from acting under Ga.Code § 30-204 and §§ 46-101, 46-102,1 and for a declaratory judgment under 28 U.S.C. §§ 2201, 2202, declaring the provisions of the Georgia Code unconstitutional. As...

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