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RACKLEY v. BOARD OF TRUSTEES OF ORANGEBURG REG. HOSP.

No. 8731.

310 F.2d 141 (1962)

Jamelle RACKLEY, a minor by her Mother and next friend, Gloria Rackley, and Gloria Rackley, Appellants, v. BOARD OF TRUSTEES OF the ORANGEBURG REGIONAL HOSPITAL, a body public, and H. F. Mabry, Director of the Orangeburg Regional Hospital, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 9, 1962.

Attorney(s) appearing for the Case

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

David W. Robinson, Columbia, S. C. (Charlton B. Horger, Orangeburg, S. C., on brief), for appellees.

Before BOREMAN, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

A preliminary injunction, under the civil rights statutes*, was denied the appellant Negro citizens, Jamelle and Gloria Rackley, in their suit to restrain permanently the Orangeburg Regional Hospital and its Director, appellees, from maintaining distinct facilities for white and colored in the Hospital. The principal question is whether they were entitled to an injunction pendente lite.

The hospital...

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