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SMITH v. DEPARTMENT OF AGR. OF STATE OF GA.

No. 78-3310.

630 F.2d 1081 (1980)

J. L. SMITH, Plaintiff-Appellee, v. The DEPARTMENT OF AGRICULTURE OF the STATE OF GEORGIA et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 2, 1981.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Carl C. Jones, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellants.

Hatcher, Stubbs, Land, Hollis & Rothschild, Richard Y. Bradley, Jerry A. Buchanan, Columbus, Ga., for plaintiff-appellee.

Before GEE and RANDALL, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied January 2, 1981.

LYNNE, District Judge:

This appeal involves a challenge to the constitutionality of a rule or regulation of the Department of Agriculture of the State of Georgia, whereby non-residents of Georgia are assigned to inferior sales locations at the Georgia State Farmers Market in Columbus, Georgia ("Columbus Farmers Market"), during periods of crowded conditions. The District Court found that the rule violated...

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