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TONKINS v. CITY OF GREENSBORO, NORTH CAROLINA

No. 8025.

276 F.2d 890 (1960)

Deloris TONKINS, Ruby P. Taylor, John Sneed, Mable Jackson, James Webster, Adam Steward, Hershey Crenshaw, and Julia Holley, on behalf of themselves and others similarly situated, Appellants, v. CITY OF GREENSBORO, NORTH CAROLINA, a municipal corporation, and James R. Townsend, City Manager of the City of Greensboro, North Carolina, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 14, 1960.

Attorney(s) appearing for the Case

Constance Baker Motley, New York City, and J. Kenneth Lee, Greensboro, N. C. (Major S. High, Greensboro, N. C., C. O. Pearson, Durham, N. C., and Thurgood Marshall, New York City, on brief), for appellants.

H. J. Elam, III, City Atty., Greensboro, N. C. (John F. Yeattes, Jr., and Jesse Lanier Warren, Asst. City Attys., Greensboro, N. C., on brief), for appellees, City of Greensboro and James R. Townsend.

W. H. Holderness, Greensboro, N. C., on brief for appellees, Greensboro Pool Corporation, R. M. Taliaferro, C. O. Weaver and H. L. Coble.

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

PER CURIAM.

Faced with a demand by Negro residents of Greensboro, North Carolina, for admission to the municipal swimming pool theretofore reserved for white persons only, the City Council of Greensboro decided to close and sell the pool.

In their original complaint, the plaintiffs sought to enjoin the sale. The District Court, after a hearing, concluded that the plaintiffs were not entitled to the relief sought, but deferred entry of a decree dismissing the...

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