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CITY OF MIAMI, FLORIDA v. PRYMUS

No. 18654.

288 F.2d 465 (1961)

CITY OF MIAMI, FLORIDA, v. Irvena A. PRYMUS and Clemmie Young.

United States Court of Appeals Fifth Circuit.

March 30, 1961.

Attorney(s) appearing for the Case

Jack R. Rice, Jr., Asst. City Atty., Olavi M. Hendrickson, City Atty., Miami, Fla., for appellant.

G. E. Graves, Jr., Miami, Fla., for appellees.

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge.

PER CURIAM.

The District Court entered a summary judgment for the plaintiffs and against the City of Miami enjoining the city from denying Negroes the use of publicly-owned swimming pool facilities solely on the ground of race. No effort is made to reargue the matters determined in City of St. Petersburg v. Alsup, 5 Cir., 1956, 238 F.2d 830. Only three objections are asserted here. The first, and principal one, is the failure of the...

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