FLEMMING v. SOUTH CAROLINA ELECTRIC AND GAS COMPANY

No. 7276.

239 F.2d 277 (1956)

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

United States Court of Appeals Fourth Circuit.

Decided November 29, 1956.


Attorney(s) appearing for the Case

Robert L. Carter, New York City (Lincoln C. Jenkins, Jr., Columbia, S. C., and Thurgood Marshall, New York City, on the brief), for appellant.

Frank B. Gary and Frank K. Sloan, Columbia, S. C. (W. C. McLain, Arthur M. Williams and Cooper & Gary, Columbia, S. C., on the brief), for appellee.

Irvine F. Belser, Asst. Atty. Gen. of South Carolina (T. C. Callison, Atty. Gen., and William A. Dallis, Asst. Atty. Gen., of South Carolina, on the brief), for the State of South Carolina, amicus curiae.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and HOFFMAN, District Judge.


SOPER, Circuit Judge.

This suit was brought by Sarah Mae Flemming, a Negro woman, against the South Carolina Electric and Gas Company on the ground that on June 22, 1954, the driver of a bus operated by the defendant company required her as a passenger to change her seat in accordance with the segregation statutes of South Carolina, Code 1952, §§ 58-1491 to 58-1496. The District Judge dismissed the case on the ground that the State statutes were valid under...

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