CHERRY v. MORGAN

No. 17585.

267 F.2d 305 (1959)

Viola CHERRY et al., Appellants, v. J. W. MORGAN et al., Individually, and as Members of the Board of City Commissioners of the City of Birmingham, Alabama, and Birmingham Transit Company, Appellees.

United States Court of Appeals Fifth Circuit.

May 27, 1959.


Attorney(s) appearing for the Case

Arthur D. Shores, Birmingham, Ala., for appellants.

Donald L. Collins, J. M. Breckenridge, James H. Willis, James C. Barton, Birmingham, Ala. (Deramus, Fitts & Johnston, Birmingham, Ala., of counsel), for appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.


PER CURIAM.

This case started as a class action seeking a declaration that the ordinance of the City of Birmingham requiring segregated seating in the Transit Company's busses was unconstitutional. An injunction against the enforcement of that ordinance was also sought. Two weeks prior to the trial the City repealed this ordinance. It passed a new ordinance apparently delegating the matter of seating to regulation by the Transit Company. The plaintiffs sought to file...

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