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BOMAN v. BIRMINGHAM TRANSIT COMPANY

No. 18187.

292 F.2d 4 (1961)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 25, 1961.

Attorney(s) appearing for the Case

Arthur D. Shores, Birmingham, Ala., Thurgood Marshall, Jack Greenberg, James M. Nabrit, III, New York City, 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.

CAMERON, Circuit Judge (dissenting).

I noted my dissent from the opinion rendered in this case July 12, 1960 and published in 280 F.2d 531. Following are the grounds upon which my dissent is based.

I.

A clear understanding of the issues presented by this appeal requires that their statement in the majority opinion be supplemented. The thirteen Negroes who filed this action met at a place of business in Birmingham...

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