339 F2d 261 Tri-State Corporation v. State of Alabama M Flowers

339 F.2d 261

The STATE OF ALABAMA on the Relation of Richmond M. FLOWERS,
as Attorney General of the State of Alabama, Appellee.

No. 20620.

United States Court of Appeals Fifth Circuit.

Dec. 3, 1964.

Harry H. Riddick, R. P. Denniston, Mobile, Ala., Hamilton, Denniston, Butler & Riddick, Mobile, Ala., of counsel, for appellant.

Nicholas S. Hare, Richmond M. Flowers, Atty. Gen., Robert P. Bradley, Asst. Atty. Gen., MacDonald Gallion, Montgomery, Ala., Robert B. Albritton, Andalusia, Ala., William G. O'Rear, Montgomery, Ala., Albrittons & Rankin, Andalusia, Ala., Gallion & Hare, Montgomery, Ala., of counsel, for appellee.

James E. Folson, pro se., by C. LeNoir Thompson, Bay Minetta, Ala., amicus curiae.

Before RIVES, WISDOM and BELL, Circuit Judges.


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In a full and carefully documented opinion the district court properly decided this controversy. State of Alabama v. Kelley, M.D.Ala.1963, 214 F.Supp. 745. No good purpose would be served by this Court's paraphrasing and expanding the opinion of the district court. Subject to further proceedings in the district court, in accordance with that court's retention of jurisdiction for the purpose of determining any equities between the parties not previously determined, the judgment is affirmed.