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LAWRENCE v. HANCOCK

Civ. A. No. 795.

76 F.Supp. 1004 (1948)

LAWRENCE v. HANCOCK et al.

District Court, S. D. West Virginia.

February 11, 1948.

Attorney(s) appearing for the Case

T. G. Nutter, of Charleston, W. Va., for plaintiff.

Mahan, White, Higgins & Laird, of Fayetteville, W.Va. (J. H. White, of Fayetteville, W. Va., of counsel), for defendants.

MOORE, District Judge.

The question presented by this action for a declaratory judgment and for an injunction is:

Can a municipality, by leasing a swimming pool constructed with public funds to a private association of persons, relieve itself of the constitutional obligation to afford colored citizens equal rights with those of white citizens in the use of the public recreational facilities thereby provided?

In the year 1940 the City of Montgomery...

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