TENNESSEE NEGRO FUN. D. ASS'N v. BOARD OF FUN. D. & E.


332 S.W.2d 195 (1960)

TENNESSEE NEGRO FUNERAL DIRECTORS ASSOCIATION v. BOARD OF FUNERAL DIRECTORS AND EMBALMERS OF The State of TENNESSEE et al.

Supreme Court of Tennessee.

February 5, 1960.


Attorney(s) appearing for the Case

Robert E. Lillard, J. Victor Barr, Jr., Nashville, for appellants.

Allison B. Humphreys, Solicitor General, for Attorney General, and the Governor.

James M. Swiggart, Special Assistant Attorney General, for Board of Funeral Directors and Embalmers.


TOMLINSON, Justice.

The unincorporated association of Licensed Funeral Directors and Embalmers organized under the name of Tennessee Negro Funeral Directors Association instituted this suit under the declaratory judgment statute seeking a decree adjudging unconstitutional a certain provision in Section 3 of Chapter 13 of the Public Acts of 1951 carried at Title 62-502, T.C.A.

This Section 3 provides for the appointment by the Governor of five (5) persons with...

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