Giordano v. Stubbs

EDENFIELD, District Judge:

Plaintiffs seek declaratory and injunctive relief against the enforcement of [1970 Supp.]. Ga.Code Ann. § 67-1506 1 on the ground that this statute, as authoritatively construed by the Georgia courts, deprives them of their property without due process of law and is unconstitutional. Plaintiffs also contend that this case should be determined by a three-judge court in accordance with 28 U.S.C. § 2281 (1970). 2 A three-judge court has been designated by order of Chief Judge Brown of the Fifth Circuit and the threshold question is whether this is a proper case for a…