Legal Opinion
Smith v. Pearson
District Court, N.D. Mississippi
Decided December 30, 1968No. DC 6533-SPublishedCited by 3 opinions
1Opinion of the Court
OPINION
ORMA R. SMITH, District Judge.
The complaint in this case was filed on July 31, 1965 seeking a temporary restraining order and preliminary and permanent injunctions against the named defendants to prevent the enforcement of the Mississippi statute making it a crime to have a second illegitimate child.1 This is a class action with jurisdiction claimed under the provisions of 28 U.S. C. Section 1343(3) & (4) and 42 U.S.C. Section 1983. The plaintiffs maintain that this statute violates the Eighth and Fourteenth Amendments.
The complaint alleges that the named plaintiffs received identical…
2Cases cited10 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Flemming v. NestorSupreme Court of the United States · 1960
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Swift & Co. v. WickhamSupreme Court of the United States · 1965
- Florida Lime & Avocado Growers, Inc. v. JacobsenSupreme Court of the United States · 1960
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3Cited by3 opinions
- Roberge v. PhilbrookDistrict Court, D. Vermont · 1970
- Robison v. JohnsonDistrict Court, D. Massachusetts · 1973
- Fremed v. JohnsonDistrict Court, D. Colorado · 1970