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SMITH v. ALLWRIGHT

No. 10382.

131 F.2d 593 (1942)

SMITH v. ALLWRIGHT et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 21, 1943.

Attorney(s) appearing for the Case

Thurgood Marshall, of New York City, and W. J. Durham, of Sherman, Tex., for appellant.

Glenn A. Perry, of Houston, Tex., for appellees.

Arthur J. Mandell, of Houston, Tex., and Arthur Garfield Hays, of New York City, amicus curiae for appellant.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

The appellant Lonnie E. Smith sued the appellees because they denied him the privilege of voting at a Democratic Primary and a run-off election in Texas held July 27, 1940, and Aug. 24, 1940, for the choice of candidates for United States Senator and Congressman, for Governor of the State, and other State officers, asking a declaration of his right to vote, and for $5,000 damages. The facts are stipulated and include these: Appellant is a native citizen...

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