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HENRY v. GREENVILLE AIRPORT COMMISSION

No. 8009.

279 F.2d 751 (1960)

Richard B. HENRY, Appellant, v. GREENVILLE AIRPORT COMMISSION; O. L. Andrews, Manager, Greenville Municipal Airport; Charles E. Robinson, Jr., Chairman, Greenville Airport Commission, and Aug. W. Smith; Olin H. Spann; Edward McCrady; William B. Coxe, Members of the Greenville Airport Commission, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 20, 1960.

Attorney(s) appearing for the Case

Jack Greenberg, New York City (Lincoln C. Jenkins, Jr., Columbia, S. C., and Thurgood Marshall, New York City, on brief), for appellant.

Thomas A. Wofford, Greenville, S. C. (W. H. Arnold, Robert F. Plaxco, Jr., Love, Thornton & Arnold, and Theodore A. Snyder, Jr., Greenville, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

This is an action to enjoin the exclusion of the plaintiff and other Negroes, similarly situated, from the general waiting room in the passenger terminal at the Greenville (South Carolina) Municipal Airport. It was dismissed by the District Court upon the grounds that the court was without jurisdiction of the subject matter of the action and that the complaint failed to state a claim upon which relief could be...

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