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JONES v. OKLAHOMA CITY

No. 1201.

78 F.2d 860 (1935)

JONES et al. v. OKLAHOMA CITY et al.

Circuit Court of Appeals, Tenth Circuit.

August 5, 1935.

Attorney(s) appearing for the Case

Herbert K. Hyde, of Oklahoma City, Okl. (Ethelbert T. Barbour, of Oklahoma City, Okl., on the brief), for appellants.

Ralph J. May, Asst. Municipal Counselor, of Oklahoma City, Okl. (Harlan Deupree, Municipal Counselor, of Oklahoma City, Okl., on the brief), for appellees.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

LEWIS, Circuit Judge.

The bill of complaint in this case, dismissed on motion, is inaptly drawn. All appellants, four of them negroes and the other a white woman, reside in Oklahoma City. The subject matter of the complaint is a segregation ordinance of the city, which broadly excludes negroes from residing in city blocks 51% or more of the resident property therein being occupied by white persons. The ordinance also prohibits white persons from residing in a block...

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