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CITY OF BIRMINGHAM v. MONK

No. 13158.

185 F.2d 859 (1950)

CITY OF BIRMINGHAM et al. v. MONK et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 25, 1951.

Attorney(s) appearing for the Case

Horace C. Wilkinson, Special Counsel for City of Birmingham, Thomas E. Huey, Jr., Asst. City Atty., Birmingham, Ala., for appellants.

Thurgood Marshall, New York City, Arthur D. Shores, Peter A. Hall, and David H. Hood, Jr., all of Birmingham, Ala., for appellees.

Before McCORD, BORAH, and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

This is an appeal from a final judgment in an action brought by Mary Means Monk and several other Negro citizens of the United States, residents of the City of Birmingham, Alabama, in their own behalf and in behalf of other Negroes similarly situated, against the City of Birmingham, James W. Morgan, a city commissioner, and H. E. Hagood, city building inspector, praying for a declaratory judgment that certain zoning laws of the City are unconstitutional...

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