PENNICK v. CITY OF FLORALA

No. 75-3521 Summary Calendar.

529 F.2d 1242 (1976)

Glenn PENNICK et al., Plaintiffs-Appellants, v. CITY OF FLORALA et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 12, 1976.


Attorney(s) appearing for the Case

Michael A. Figures, J. U. Blacksher, Mobile, Ala., Henry Sanders, Selma, Ala., for plaintiffs-appellants.

Allen E. Cook, Andalusia, Ala., for City of Florala, and others.

James T. Pons, Sp. Asst. Atty. Gen. of Ala., Montgomery, Ala., for State of Ala. and others.

Frank McGill, Dist. Atty., 22nd Judicial Circuit, Covington County, Andalusia, Ala., for J. B. McDonald and others.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.


PER CURIAM:

This case involves a challenge to the installation and operation of a sanitary landfill in the plaintiffs' neighborhood in Florala, Alabama. The plaintiffs advance an equal protection claim, alleging that the landfill site was selected on the basis of race, and due process claims based on the lack of notice or opportunity to be heard prior to a change in zoning or to the initiation of garbage disposal operations at the landfill. After a trial on the merits...

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