BATES v. BATTE

No. 13215.

187 F.2d 142 (1951)

BATES et al. v. BATTE et al.

United States Court of Appeals Fifth Circuit.

February 15, 1951.


Attorney(s) appearing for the Case

Constance Baker Motley, Robert L. Carter, Thurgood Marshall, New York City, James A. Burns, Meridian, Miss., for appellants.

Rufus Creekmore, Jackson, Miss., Geo. H. Ethridge, John M. Kuykendhall, Jr., Asst. Attys. Gen., E. W. Stennett, Jackson, Miss., for appellees.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.


PER CURIAM.

This appeal presents two questions for our decision. One of them arises upon appellees' motion to dismiss the appeal for want of jurisdiction in this court because it was not taken in accordance with law. The other goes to the merits of the appeal.

They come up in this way. Brought as a class suit by a negro school teacher with another intervening, the suit was to restrain the defendants, the Superintendent and members of the Board of Trustees...

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