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BROWDER v. GAYLE

No. 1147.

142 F.Supp. 707 (1956)

Aurelia S. BROWDER, and Susie McDonald, and Claudette Colvin, by Q. P. Colvin, next friend, and Mary Louise Smith, by Frank Smith, next friend, and others similarly situated, Plaintiffs, v. W. A. GAYLE, Clyde Sellers and Frank Parks, individually and as members of the Board of Commissioners of the City of Montgomery, Alabama, and Goodwyn J. Ruppenthal, individually and as Chief of Police of the City of Montgomery, Alabama, and The Montgomery City Lines, Inc., a Corporation, and James F. Blake, and Robert Cleere, and C. C. (Jack) Owen, Jimmy Hitchcock, and Sibyl Pool, as members of the Alabama Public Service Commission, Defendants.

United States District Court M. D. Alabama, N. D.

June 5, 1956.

Attorney(s) appearing for the Case

Charles D. Langford, Fred D. Gray, Montgomery, Ala., and Robert L. Carter, New York City, for plaintiffs.

Walter J. Knabe, Drayton N. Hamilton, and Herman H. Hamilton, Jr., Montgomery, Ala., for defendants Gayle, Sellers, Parks, and Ruppenthal.

Robert Thrun, New York City, for defendants Blake, Cleere, and Montgomery City Lines.

John Patterson, William N. McQueen, Gordon Madison, William F. Black, Montgomery, Ala., for defendants Owen, Hitchcock and Pool.

Before RIVES, Circuit Judge, and LYNNE and JOHNSON, District Judges.

RIVES, Circuit Judge.

Statement of the Case

The purpose of this action is to test the constitutionality of both the statutes of the State of Alabama1 and the ordinances of the City of Montgomery2 which require the segregation of the white and colored races on the motor buses of the Montgomery City Lines, Inc.,

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