SMITH v. McGRIFF

Civ. A. No. 76-53-N.

434 F.Supp. 673 (1976)

Maxine Vincent SMITH, Individually and on behalf of all others similarly situated, et al., Plaintiffs, v. G. L. McGRIFF, Individually and in his official capacity as Chief of the Driver License Division, his agents, servants, assigns, and successors in office, et al., Defendants.

United States District Court, M. D. Alabama, N. D.

November 12, 1976.


Attorney(s) appearing for the Case

John L. Carroll, Joseph J. Levin, Jr., Pamela S. Horowitz, and Morris S. Dees, Jr., Montgomery, Ala., for plaintiffs.

William J. Baxley, Atty. Gen., and Kent B. Brunson, Asst. Atty. Gen., State of Ala., Montgomery, Ala., for defendants.

Before RIVES, Circuit Judge, JOHNSON, Chief District Judge, and VARNER, District Judge.


JOHNSON, Chief District Judge:

The plaintiffs in this cause, Maxine Vincent Smith and the Alcoholism Council of Montgomery, Elmore and Autauga Counties, attack the constitutionality of Title 36, Section 68 of the Code of Alabama 1940 (Recomp.1958)1 and certain practices of the Alabama Department of Public Safety, insofar as they require or permit pre-hearing suspensions of licenses of alcoholics...

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