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TUCKER v. CITY OF MONTGOMERY BOARD OF COM'R

Civ. A. No. 74-221-N.

410 F.Supp. 494 (1976)

Jimmie Lee TUCKER et al., Plaintiffs, v. The CITY OF MONTGOMERY BOARD OF COMMISSIONERS et al., Defendants.

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

March 16, 1976.

Attorney(s) appearing for the Case

Howard A. Mandell and Joseph J. Levin, Jr., Montgomery, Ala., for plaintiffs.

Walter J. Knabe, Capell, Howard, Knabe & Cobbs, and Joseph D. Phelps, Robison, Belser, Brewer & Phelps, Montgomery, Ala., for defendants The City of Montgomery Bd. of Commissioners, Jim Robinson, Matthis Piel, and Curtis Springer.

William J. Baxley, Atty. Gen., Myron H. Thompson and Charles N. Parnell, Asst. Attys. Gen., and Tony Davis, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for defendant William Baxley.

Calvin M. Whitesell, Whitesell & Gordon, Montgomery, Ala., for defendant Robert Strickland.

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

OPINION

GODBOLD, Circuit Judge:

This class action concerns the constitutionality of several practices claimed to prevail in the Municipal Court of Montgomery, Alabama, and the constitutionality of Alabama statutes that relate to those practices.

These are the alleged practices in question: (1) requiring a convicted defendant to furnish a surety bond in order to appeal his conviction; (2) payment of fees to the Presiding Judge of the Municipal Court...

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