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THORNTON v. BUTLER

Civ. A. No. 84-T-848-N.

728 F.Supp. 679 (1990)

Ella Mae THORNTON, etc., et al., Plaintiffs, v. Mac S. BUTLER, etc., et al., Defendants.

United States District Court, M.D. Alabama, N.D.

January 2, 1990.

Attorney(s) appearing for the Case

Robert J. Varley and Patricia E. Ivie, Legal Services Corp., Montgomery, Ala., for plaintiffs.

Thomas T. Gallion, III, Haskell, Slaughter & Young, Montgomery, Ala., for defendants.

Julian D. Butler, Butler & Royer, Huntsville, Ala., for defendant-intervenor Patterson.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiffs charge in this class action lawsuit that two Alabama statutes, §§ 6-6-332 and 35-9-82 of the 1975 Alabama Code, which allow service of process in unlawful detainer actions to be made under certain circumstances by leaving notice of the action at the tenant's "usual place of abode," violate the due process clause of the fourteenth amendment to the United States Constitution.

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