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WILLIAMS v. DEKALB COUNTY

No. 76-2998.

582 F.2d 2 (1978)

Johnny WILLIAMS, on behalf of himself and other persons similarly situated, Plaintiffs-Appellants, v. DEKALB COUNTY, A Political Subdivision of the State of Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 10, 1978.

Attorney(s) appearing for the Case

Edward Lundy Baety, Atlanta, Ga., Fletcher Farrington, Savannah, Ga., for plaintiffs-appellants.

George P. Dillard, Herbert O. Edwards, Wendell K. Willard, Decatur, Ga., J. Lewis Sapp, Charles K. Howard, Jr., Atlanta, Ga., for defendants-appellees.

Before TUTTLE and CLARK, Circuit Judges, and EDENFIELD, District Judge.

PER CURIAM:

Upon motion for rehearing, a majority of the court agrees with Judge Clark's special concurring opinion. The opinion is accordingly modified to hold that under the teaching of Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976), the named plaintiff and the class must make a showing of purposeful discrimination before casting the burden on the defendant to rebut the charge; that a claim under &...

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