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FOLEY v. ALABAMA STATE BAR

No. 80-7001.

648 F.2d 355 (1981)

James R. FOLEY and G. Larry Morgan, Plaintiffs-Appellants, v. The ALABAMA STATE BAR; Board of Commissioners of the Alabama State Bar et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

June 19, 1981.

Attorney(s) appearing for the Case

Smith, Huckaby & Graves, Gary C. Huckaby, Huntsville, Ala., for plaintiffs-appellants.

Rogers, Howard, Redden & Mills, L. Drew Redden, Birmingham, Ala., Lanier, Shaver & Herring, Harold F. Herring, Huntsville, Ala., for defendants-appellees.

Before JONES, TJOFLAT and ANDERSON, Circuit Judges.

TJOFLAT, Circuit Judge:

This is an appeal from the entry of summary judgment in favor of the Alabama State Bar. We reverse in part and remand for proceedings on the merits.

I

In February of 1979 James R. Foley and G. Larry Morgan, both licensed attorneys under Alabama law, began practicing law in Huntsville, Alabama under the name "The Legal Clinic of Foley & Morgan." Because the concept of a legal clinic was unique in the Huntsville area, Foley...

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