Billingsley v. Seibels

Affirmed. See Billingsley v. Seibels, 433 F.Supp. 1 (N.D.Ala.1976).

Appellants seek to distinguish the principle of Jennings v. Caddo Parish School Bd., 531 F.2d 1331 (5th Cir.), cert. denied, 429 U.S. 897, 97 S.Ct. 260, 50 L.Ed.2d 180 (1976) on the ground that they were defendants in a state court action, rather than plaintiffs. This distinction does not appear to be sufficient to bring appellants within the rule announced in England v. Louisiana State Board of Medical Examiners, 375 U.S. 411, 84 S.Ct. 461, 11 L.Ed.2d 440 (1964). See Brown v. Chastain, 416 F.2d 1012 (5th Cir. 1969), cert. denied, 397 U.S. 951, 90 S.Ct. 976, 25 L.Ed.2d 134 (1970).