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U.S. v. HAWKINS COUNTY, TENN.

No. CIV-2-86-201.

661 F.Supp. 857 (1987)

UNITED STATES of America v. HAWKINS COUNTY, TENNESSEE, Dan Brooks, Hawkins County Executive, Jerry Stewart, Hawkins County Trustee, Grady Marshall, Hawkins County Property Assessor and 21 members of the Hawkins County Commission, State of Tennessee (Intervening Defendant).

United States District Court, E.D. Tennessee, Northeastern Division.

April 10, 1987.

Attorney(s) appearing for the Case

J. Edgar Schmutzer, Asst. U.S. Atty., Greeneville, Tenn., John J. McCarthy, Richard Correa, Washington, D.C., for plaintiff.

George John Keto, Washington, D.C., and James O. Phillips, III, Phillips & Hale, Rogersville, Tenn., for all defendants except intervening defendant.

W.J. Michael Cody, Atty. Gen., State of Tenn., Nashville, Tenn., for intervening defendant.

MEMORANDUM AND ORDER

HULL, Chief Judge.

This action for declaratory and injunctive relief came before the Court for a hearing on March 26, 1987, following the parties' filing of cross-motions for summary judgment. Plaintiff, the United States of America, seeks a declaratory ruling that Tennessee Code Annotated § 67-5-203(c) is unconstitutional and a permanent injunction to preclude defendants from assessing...

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