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BALDWIN v. MORGAN

No. 16717.

251 F.2d 780 (1958)

Carl L. BALDWIN and Alexinia Baldwin, Appellants, v. J. W. MORGAN, R. E. Lindbergh, J. T. Waggoner, Individually and as Members of the Board of Commissioners of the City of Birmingham, et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 14, 1958.

Attorney(s) appearing for the Case

Oscar W. Adams, Jr., Demetrius C. Newton, Birmingham, Ala., for appellants.

Jos. F. Johnston, James H. Willis, City Atty., Birmingham, Ala., Gordon Madison, Asst. Atty. Gen. of Alabama, J. M. Breckenridge, Thad Holt, Jr., Cabaniss & Johnston, Birmingham, Ala., John Patterson, Atty. Gen. of Alabama, William F. Black, Montgomery, Ala., for appellees.

Before RIVES, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question here is whether the complaint for injunction and declaratory relief, filed as a class action by Negroes complaining of discriminatory segregation in the Birmingham Railroad Terminal, stated a Civil Rights case against the three groups of defendants, the Alabama Public Service Commissioners, the City of Birmingham Commissioners, and Birmingham Terminal Company. The District Court held that it did not and dismissed

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