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SOUTHWAY DISCOUNT CENTER, INC. v. CITY OF BIRMINGHAM

No. 76-1955.

568 F.2d 456 (1978)

SOUTHWAY DISCOUNT CENTER, INC., a corporation, Plaintiff-Appellant, v. CITY OF BIRMINGHAM, a Municipal Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 21, 1978.

Attorney(s) appearing for the Case

Virgil K. Sandefer, Birmingham, Ala., for plaintiff-appellant.

Wm. C. Walker, Birmingham, Ala., for defendants-appellees.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

Plaintiffs appeal from an adverse decision by a three-judge panel1 on their claims seeking injunctive relief from future discriminatory enforcement of the Sunday Blue Laws of Birmingham, Alabama and their contention these ordinances are unconstitutional.

Neither plaintiffs nor defendants question the three-judge panel's holding it was properly convened to hear this cause. We find no basis to question that decision....

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