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AMERICAN CIVIL LIBERTIES U. v. STATE OF TENN.

No. 80-3105.

496 F.Supp. 218 (1980)

AMERICAN CIVIL LIBERTIES UNION OF TENNESSEE; Save our Cumberland Mountains; J. W. Bradley; Charles Winfrey; Memphis Area Legal Services, Inc., Rural Legal Services of Tennessee, Inc., Plaintiffs, v. STATE OF TENNESSEE; William Leech, Jr., Attorney General of the State of Tennessee, Defendants.

United States District Court, M. D. Tennessee, Nashville Division.

September 2, 1980.

Attorney(s) appearing for the Case

Dean Hill Rivkin, Knoxville, Tenn., for plaintiffs.

Claudius C. Smith, Asst. Atty. Gen., Nashville, Tenn., for defendants.

MEMORANDUM

WISEMAN, District Judge.

Plaintiffs bring suit under 42 U.S.C. § 1983 for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202. Jurisdiction is based on 28 U.S.C. § 1343(3), the jurisdictional analogue to section 1983. This case is before the Court to determine the constitutionality of Tennessee's "barratry" statute, T.C.A. §§ 39-3405 through 39-3410 (1975), which is set forth in the margin.

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