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BAXLEY v. RUTLAND

Civ. A. No. 75-90-S.

409 F.Supp. 1249 (1976)

William J. BAXLEY, Attorney General of the State of Alabama, and State of Alabama, ex rel. William J. Baxley, Attorney General, Plaintiffs, v. Jack RUTLAND, individually and as Superintendent of Enterprise City Schools, et al., Defendants.

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

On Motion for New Trial March 30, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Frederick S. Middleton, III, Asst. Atty. Gen., State of Ala., Montgomery, Ala., for plaintiffs.

Kenneth T. Fuller, Cassady & Fuller, Enterprise, Ala., for defendants the Superintendent of Enterprise City Schools and the members of the Enterprise City Bd. of Ed.

Charles M. Crook, Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, Ala., for defendants the Superintendent and members of the Alabama State Bd. of Ed.

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

OPINION

RIVES, Circuit Judge:

This case is submitted for decision on the motion to dismiss as amended.1 The complaint seeks declaratory and injunctive relief from the payment of fees authorized to be determined by the defendants pursuant to sections 142 and 437 of Tit. 52 of the Code of Alabama as recompiled in 1958.2

The complaint charges that Title 52 section 437, on its face and as applied...

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