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MOORE v. FOWINKLE

Civ. No. 3-74-78.

381 F.Supp. 587 (1974)

Dennis MOORE, Individually and on behalf of all other persons similarly situated v. Eugene FOWINKLE, Commissioner, Tennessee Department of Public Health, et al.

United States District Court, E. D. Tennessee, N. D.

June 14, 1974.

Attorney(s) appearing for the Case

Jerrold L. Becker, Knoxville, Tenn., for plaintiff.

C. Hayes Cooney, Nashville, Tenn., Charles A. Maner, Jr., County Law Director, Knoxville, Tenn., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This action was initiated on March 27, 1973 by a complaint requesting a three-judge court to temporarily and permanently enjoin the State's further enforcement of 53 Tenn.Code Ann. § 5501 et seq. and declare the same unconstitutional for the reasons set forth below. Plaintiff has since amended his complaint to delete his request for either temporary or permanent injunctive relief; accordingly, a three-judge...

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