FLAGLER HOSPITAL, INC. v. HAYLING

No. 21968.

344 F.2d 950 (1965)

FLAGLER HOSPITAL, INC., and Claude L. Weeks, Appellants, v. Robert B. HAYLING et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 6, 1965.


Attorney(s) appearing for the Case

Chester Bedell, C. Harris Dittmar, Robert P. Smith, Jr., Jacksonville, Fla., Bedell, Bedell, Dittmar & Smith, Jacksonville, Fla., of counsel, for appellants.

Michael Meltsner, Jack Greenberg, Constance Baker Motley, Leroy D. Clark, New York City, Earl M. Johnson, Jacksonville, Fla., for appellees.

Before TUTTLE, Chief Judge, and RIVES and BELL, Circuit Judges.


PER CURIAM.

This appeal is from an order for permanent injunction which we construe as follows:

(1) That it does not enjoin the defendants from denying the plaintiffs and the class they represent admission to the Defendant Hospital generally, for the answer shows that "Flagler Hospital does not now and never has pursued a policy of denying admission to the Hospital to negroes." The court found, however, that the defendants by their answer admit that they maintain...

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