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SMITH v. CITY OF DREW, MISSISSIPPI

Nos. 22312, 22323.

360 F.2d 283 (1966)

Joe B. SMITH, Appellant, v. CITY OF DREW and Sunflower County, MISSISSIPPI, Appellees. Marie GERTGE, Appellant, v. CITY OF CLARKSDALE, MISSISSIPPI, Appellee.

United States Court of Appeals Fifth Circuit.

April 29, 1966.

Attorney(s) appearing for the Case

Henry M. Aronson, Alvin J. Bronstein, Jackson, Miss., Anthony G. Amsterdam, Philadelphia, Pa., R. Jess Brown, C. A. Frerichs, Carsie Hall, Jackson, Miss., Jack Greenberg, Melvyn Zarr, New York City, for appellant Smith.

Henry M. Aronson, Carsie A. Hall, Alvin J. Bronstein, Jackson, Miss., Melvyn Zarr, New York City, Anthony G. Amsterdam, Philadelphia, Pa., for appellant Gertge.

P. J. Townsend, Jr., Champ T. Terney, Jr., James E. Welch, Drew, Miss., for appellees City of Drew et al.

William H. Maynard, Clarksdale, Miss., James A. Phyfer, Jackson, Miss., James E. Upshaw, Clarksdale, Miss., for appellee City of Clarksdale.

Before RIVES and BELL, Circuit Judges, and FULTON, District Judge.

PER CURIAM:

These criminal cases, removed under 28 U.S.C.A. § 1443(1), were remanded to the state courts without evidentiary hearings. The removal petitions were sufficient in each instance under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F.2d 336, Cert. granted, 382 U.S. 808, 86 S.Ct. 39, 15 L.Ed.2d 58.

The alleged denials of equal civil rights in the arresting...

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