BILLINGSLEY v. SEIBELS

No. 76-3568. Summary Calendar.

556 F.2d 276 (1977)

Orzell BILLINGSLEY, Sr., Mrs. Blanche McSwain, and Mrs. Essie Mae Rice, Plaintiffs-Appellants, v. George G. SEIBELS, Jr., Individually and as Mayor of the City of Birmingham, Alabama, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1977.


Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Birmingham, Ala., for plaintiffs-appellants.

James G. Adams, III, Herbert Jenkins, Jr., Birmingham, Ala., for City defendants-appellees.

Douglas P. Corretti, Samuel Maples, Birmingham, Ala., for American Title Ins.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


PER CURIAM:

Affirmed. See Billingsley v. Seibels, 433 F.Supp. 1 (N.D.Ala.1976).

Appellants seek to distinguish the principle of Jennings v. Caddo Parish School Bd., 531 F.2d 1331 (5th Cir.), cert. denied, 429 U.S. 897, 97 S.Ct. 260, 50 L.Ed.2d 180 (1976) on the ground that they were defendants in a state court action, rather than plaintiffs. This distinction does not...

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