FLEMMING v. SOUTH CAROLINA ELECTRIC AND GAS COMPANY

No. 6995.

224 F.2d 752 (1955)

Sarah Mae FLEMMING, Appellant, v. SOUTH CAROLINA ELECTRIC AND GAS COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1955.


Attorney(s) appearing for the Case

Philip Wittenberg, Columbia, S. C., and Robert L. Carter, New York City (Thurgood Marshall, New York City, and Spottswood W. Robinson, III, Richmond, Va., on brief), for appellant.

Frank B. Gary and Frank K. Sloan, Columbia, S. C. (Paul A. Cooper, Columbia, S. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PER CURIAM.

This is an action for damages brought by a Negro woman against a bus company because the driver of the bus required her to change her seat in accordance with the segregation law of South Carolina applicable to motor vehicle carriers, South Carolina Code 1952, §§ 58-1491 to 58-1496, which she claimed to be violative of her rights under the 14th Amendment to the Federal Constitution. There was no diversity of citizenship, and defendant challenged...

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