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CUMMINGS v. CITY OF CHARLESTON

No. 8281.

288 F.2d 817 (1961)

John H. CUMMINGS, John L. Chisolm, Robert Johnson, Benjamin Wright, for themselves and all other persons similarly situated, Appellants, v. CITY OF CHARLESTON, a Municipal Corporation, The Charleston Municipal Golf Course Commission, Gerald M. Carter, Chairman, Alfred O. Halsey, Cornelious O. Thompson, T. Moultrie McKevlin, William A. Dotterer, Leroy Nelson and C. Dissel Jenkins, members of The Charleston Municipal Golf Course Commission; and John E. Adams, Manager of The Charleston Municipal Golf Course, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1961.

Attorney(s) appearing for the Case

Matthew J. Perry, Spartanburg, S. C. (Lincoln C. Jenkins, Jr., Columbia, S. C., Thurgood Marshall, Jack Greenberg, and James M. Nabrit, III, New York City, on brief), for appellants.

Henry B. Smythe, Charleston, S. C. (Morris D. Rosen, Charleston, S. C., on brief), for appellees.

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

PER CURIAM.

Appellants, negro citizens and residents of the City of Charleston, South Carolina, as plaintiffs in a class action instituted and prosecuted on behalf of themselves and others similarly situated, sought a permanent injunction restraining The City of Charleston and other named defendants, appellees, from denying access to the recreational facilities of a municipal golf course to any person for reasons of race or color. A full hearing of the controversy...

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