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EATON v. GRUBBS

No. 9058.

329 F.2d 710 (1964)

Hubert A. EATON, Daniel C. Roane, Samuel James Gray, Vernetta E. Hussey and Leland M. Newsome, on behalf of themselves and others similarly situated, Appellants, v. Emory GRUBBS and the Board of Managers of James Walker Memorial Hospital, a body corporate, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 1, 1964.

Attorney(s) appearing for the Case

Jack Greenberg, New York City (Constance Baker Motley, Michael Meltsner, New York City, Robert R. Bond, Wilmington, N. C., and Conrad O. Pearson, Durham, N. C., on the brief), for appellants.

Ronald D. Rowe and C. D. Hogue, Jr., Wilmington, N. C. (William L. Hill, II, Wilmington, N. C., on the brief), for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

SOBELOFF, Chief Judge.

The sole issue raised by this appeal is whether the State of North Carolina or the federal Government, or both, have become so involved in the conduct of the James Walker Memorial Hospital in Wilmington, North Carolina, that its activities are also the activities of these governments and performed under their aegis. If the answer is in the affirmative the mandate of the law is clear that the hospital may not discriminate on racial lines.

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