BEAL v. HOLCOMBE

No. 13562.

193 F.2d 384 (1951)

BEAL et al. v. HOLCOMBE, Mayor of City of Houston, et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 8, 1952.


Attorney(s) appearing for the Case

Herman Wright, Arthur J. Mandell, Houston, Tex., W. J. Durham, Dallas, Tex., for appellants.

Will G. Sears, City Atty., J. Wiley Caldwell, Asst. City Atty., Houston, Tex., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.


JOSEPH C. HUTCHESON, Jr., Chief Judge.

Claiming deprivation of their civil rights in violation of Sec. 1343(3), Title 28 U.S. C.A., plaintiffs, five negroes, citizens of Texas and resident taxpayers of Houston, brought this suit under Title 28, Secs. 1331 and 2201, for a declaratory judgment as to, and an injunction for the protection of, these rights.

As specifically put in the amended petition, on which the case went to trial, their claim was that, desiring...

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