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ROBINSON v. KIMBROUGH

No. 75-2135.

540 F.2d 1264 (1976)

Julia ROBINSON, Willie D. Rutledge, Willie James Brown, Nancy Scott, Otis Curry, George Copeland, Gloria M. Brown, Individually and on behalf of all those similarly situated, and Harris County Civic League, Plaintiffs-Appellants, v. William H. KIMBROUGH, James McMichael, Homer A. Page, H. S. Taylor, Steve M. Harris and Howard M. Waddle, Individually and as Jury Commissioners of Harris County, Georgia, and all their agents, employees and successors in interest, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 22, 1976.

Attorney(s) appearing for the Case

Ellen Leitzer, Laughlin McDonald, Neil Bradley, Atlanta, Ga., Emily Calhoun, Athens, Ga., for plaintiffs-appellants.

Forrest L. Champion, Jr., Columbus, Ga., W. Kendrick Askew, Pine Mountain, Ga., for defendants-appellees.

Before GODBOLD, McCREE and TJOFLAT, Circuit Judges.

PER CURIAM:

This is a class action in which plaintiffs claimed arbitrary and systematic exclusion of blacks and women from the jury lists of Harris County, Georgia.

Plaintiffs questioned: (1) the constitutionality of §§ 59-112(d), 59-124, and 79-207, Ga. Code Ann., to the extent that they allow women at their option to decline jury duty; (2) the constitutionality of § 59-112(b), facially and as applied, to the extent that it allows a woman to...

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