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JAMES v. WALLACE

No. 75-1061.

533 F.2d 963 (1976)

Peggy JAMES and Wylie C. Yelverton et al., Plaintiffs-Appellants, v. George C. WALLACE, Individually and as Governor of the State of Alabama, and his successors in office, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 21, 1976.

Attorney(s) appearing for the Case

Morris S. Dees, Jr., Joseph J. Levin, Jr., Pamela S. Horowitz, Montgomery, Ala., for plaintiffs-appellants.

Calvin M. Whitesell, Philip S. Gidiere, Jr., Montgomery, Ala., for defendant-appellee.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.

THORNBERRY, Circuit Judge:

Plaintiffs in this class action charge George C. Wallace, Governor of Alabama from 1963 to 1967 and from 1971 to date, with systematic discrimination against blacks in his appointments to state boards and commissions.1 They claim that such discrimination constitutes a violation of the United States Constitution's guarantee of equal protection of the law and seek a declaratory judgment and affirmative relief to...

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