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HANES v. SHUTTLESWORTH

No. 19497.

310 F.2d 303 (1962)

Arthur J. HANES, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham, et al., Appellants, v. F. L. SHUTTLESWORTH et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 16, 1962.

Attorney(s) appearing for the Case

J. M. Breckenridge, Birmingham, Ala., for appellants.

W. L. Williams, Jr., Birmingham, Ala., Ernest D. Jackson, Sr., Jacksonville, Fla., for appellees.

Before RIVES, JONES and BELL, Circuit Judges.

PER CURIAM.

The findings of fact by the district court are certainly not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure. We agree with its conclusions of law. In City of Montgomery v. Gilmore, 5 Cir., 1960, 277 F.2d 364, 368, footnote 2, we have collected many of the cases which now settle the law beyond legitimate debate that enforced racial segregation in the public parks and public

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