NESMITH v. ALFORD

No. 19609.

318 F.2d 110 (1963)

Barbara A. NESMITH and Richard A. Nesmith, Appellants, v. H. D. ALFORD et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 30, 1963.


Attorney(s) appearing for the Case

Benjamin E. Smith, New Orleans, La., Clifford J. Durr, Montgomery, Ala., for appellants.

Hugh Maddox, John Peter Kohn, Jr., Montgomery, Ala., Calvin M. Whitesell, Ira Dement, Whitesell & Dement, Montgomery, Ala., for appellees Sullivan and Alford.

Thomas B. Hill, Jr., James J. Carter, Hill, Hill, Stovall & Carter, Montgomery, Ala., for appellee Eiland.

Before RIVES, CAMERON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal from adverse judgments on jury verdicts denying claims for damages for arrest, imprisonment and criminal prosecution of white persons triggered by their eating with Negroes in a public restaurant in Montgomery, Alabama, presents a number of questions both of Alabama and federal law. Basic to each claim is the question whether the trial Court should have granted instructed verdicts as to liability on each of the three theories...

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