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CASON v. CITY OF JACKSONVILLE

No. 73-3102.

497 F.2d 949 (1974)

Yvonne Gwendolyn CASON, Individually and On Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. CITY OF JACKSONVILLE et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 26, 1974.

Attorney(s) appearing for the Case

J. B. Stoner, Marietta, Ga., for W. Eugene Wilson.

Ralph W. Nimmons, Jr., Frederick J. Simpson, Asst. Gen. Counsel, Jacksonville, Fla., for City of Jacksonville.

William J. Gibbons, Deitra Micks, Lawrence J. Figur, Steven Mark Goldstein, Jacksonville, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The District Court entered a preliminary injunction prohibiting the City of Jacksonville from permitting the National State's Rights Party (NSRP) — a lily-white group — from using the Little Theatre of the City's Civic Auditorium for its annual convention "so long as [the] Party's membership policies discriminate on the basis of race or color." The City and NSRP each appeal. The case, simple enough to state, presents awesome...

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