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BOMAN v. BIRMINGHAM TRANSIT COMPANY

No. 18187.

280 F.2d 531 (1960)

Lillie BOMAN et al., Appellants, v. BIRMINGHAM TRANSIT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

July 12, 1960.

Attorney(s) appearing for the Case

Arthur D. Shores, Birmingham, Ala., Thurgood Marshall, Jack Greenberg, New York City, James M. Nabrit, III, Washington, D. C., of counsel, for appellants.

James C. Barton, J. M. Breckenridge, Birmingham, Ala., Deramus, Fitts & Johnston, Birmingham, Ala., of counsel, for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment dismissing a class action on behalf of Negro patrons of the Birmingham Transit Company seeking to enjoin it from enforcing its published rule of seating passengers according to race.

The suit joined the City Commissioners of Birmingham as individuals and the Bus Company. It was alleged that the Company and the Commissioners were illegally enforcing a state law or policy of insisting on racial segregation...

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