BLACK v. ALABAMA

No. Civ.A. 99-0775 CB-S.

71 F.Supp.2d 1200 (1999)

Roy BLACK, Jr., et al., Plaintiffs, v. The State of ALABAMA, et al., Defendants.

United States District Court, S.D. Alabama, Southern Division.

September 28, 1999.


Attorney(s) appearing for the Case

Mickey Womble, W. Robert McMillan, Monroeville, AL, for Roy Black, Jr., Plaintiff.

Billington M. Garrett, Asst. Atty. Gen., Montgomery, AL, for State of Alabama, Frank W. Gregory, Defendants.

Roger L. Bates, Birmingham, AL, for City of Hoover, Defendant.

Robert C. Black, Jr., Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, AL, for City of Montgomery, Defendant.

George W. Royer, Jr., Sirote & Permutt, P.C., Huntsville, AL, for City of Huntsville, Defendant.

Nicholas S. Hare, Sr., Monroeville, AL, City of Monroeville, Defendant.

George H. Howell, Howell, Sarto & Howell, Prattville, AL, for City of Prattville Defendant.

Victoria J. Franklin-Sisson, Michael G. Kendrick, Gorham & Waldrep, P.C., Birmingham, AL, for City of Hueytown, City of Homewood, Defendants.

Joe B. Thompson, Jr., Brewton, AL, for City of Brewton, City of Atmore, Defendants.

William C. Roedder, Jr., McDowell Knight Roedder & Sledge, L.L.C., Mobile, AL, for City of Auburn, Defendant.

Carroll H. Sullivan, Clark, Scott and Sullivan, Mobile, Al, for City of Gulf Shores, Defendant.

Russell B. Robertson, Laird & Wiley, P.C., Jasper, AL, for City of Jasper, Defendant.

William C. Roedder, Jr., Richard M. Gaal, McDowell Knight Roedder & Sledge, L.L.C., Mobile, AL, for City of Tuskegee, Defendant.

Billington M. Garrett, Asst. Atty. Gen., Montgomery, AL, for Circuit Clerks in Monroe County, Baldwin County, Blount County, Calhoun County, Cherokee County, Autauga County, Bibb County, Barbour County, Butler County, Chambers County, Chilton County, Choctaw County, Clay County, Coffee County, Conecuh County, Covington County, Cullman County, Dallas County, Elmore County, Etoway County, Franklin County, Clarke County, Cleburne County, Colbert County, Coosa County, Crenshaw County, Dale County, Dekalb County, Escambia County, Fayette County, Geneva County, Greene County, Henry County, Jackson County, Lamar County, Lawrence County, Limestone County, Macon County, Marengo County, Marshall County, Montgomery County, Hale County, Houston County, Jefferson County, Lauderdale County, Lee County, Lowndes County, Madison County, Marion County, Mobile County, Morgan County, Perry County, Pike County, Russell County, Shelby County, Talladega County, Tuscaloosa County, Washington County, Winston County, Pickens County, Randolph County, Saint Clair County, Sumter County, Tallapoosa County, Walker County, Wilcox County, Blessemer Division, Bullock County, District Clerks in Tuscaloosa County, Morgan County, Defendants.

Billington M. Garrett, Asst. Atty. Gen., Montgomery, AL, James E. Atchison, Mona A. Vivar, James G. House, III, Atchison, Crosby, Saad & Beebe, P.C., Mobile, AL, for Mobile County, District Clerk, Defendant.

William C. Roedder, Jr., McDowell Knight Roedder & Sledge, L.L.C., Mobile, AL, George Pass Ford, Ford Howard, PC, Gadsden, AL, for City of Gadsden, Defendant.


MEMORANDUM OPINION AND ORDER

BUTLER, Chief Judge.

This action was removed from the Circuit Court of Monroe County, Alabama, by the City of Gadsden, one of many defendants named in the complaint. Since this action was removed, the Court has, sua sponte, reviewed the complaint and finds that this action is due to be remanded to state court because the Tax Injunction Act, 28 U.S.C. § 1341, precludes federal subject matter jurisdiction.

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