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TARTER v. JAMES

No. 81-7219.

667 F.2d 964 (1982)

William Odley TARTER, Jr., individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Fob JAMES, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 8, 1982.

Attorney(s) appearing for the Case

George H. Jones, Birmingham, Ala., for plaintiff-appellant.

Ronald C. Forehand, Asst. Atty. Gen., Montgomery, Ala., Earl Morgan, Dist. Atty., Stephen Mahon, Asst. Dist. Atty., Jefferson County, Kenneth Gomany, Deputy Dist. Atty., Birmingham, Ala., Elizabeth Ann Evans, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.

Before THORNBERRY, FAY and HATCHETT, Circuit Judges.

PER CURIAM:

The judgment is AFFIRMED based upon the Memorandum Opinion entered by the trial court on February 23, 1981 and attached hereto.

MEMORANDUM OPINION

This action for declaratory judgment and equitable relief attacks as unconstitutional Volume 14, Section 714, Appendix, Code Ala. (1940) (Recompiled, 1958), as retained by Code Ala., § 1-1-10 (1975), which provides, inter alia, that defendants in criminal cases in...

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