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WOOD v. VAUGHAN

No. 8689.

321 F.2d 480 (1963)

Virgil WOOD, T. N. Burton, and O. C. Thaxton, Appellants, v. William VAUGHAN, Mayor, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 12, 1963.

Attorney(s) appearing for the Case

William Rossmoore, Newark, N. J., and Gene Ann Condon, New York City (Len Holt, and Jordan, Dawley & Holt, Norfolk, Va., on brief), for appellants.

S. Bolling Hobbs, Lynchburg, Va. (Caskie, Frost, Davidson & Watts, and C. Shepherd Nowlin, City Atty. of Lynchburg, Va., on brief), for appellee, Judge Earl Wingo.

R. D. McIllwaine, III, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellees, Judge O. Raymond Cundiff and Judge Charles E. Burks.

Before BOREMAN, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Since the argument of this appeal, the Supreme Court of the United States in Johnson v. Virginia, 83 S.Ct. 1053 has declared unconstitutional the segregation by race or color of persons attending a State court. While that decision was premised on a contempt charge, rather than upon an application for an injunction as in the appeal here, the facts in the two cases are not substantially different. The ruling there, of course, is to be...

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