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SMITH v. HAMPTON TRAINING SCHOOL FOR NURSES

No. 10312.

360 F.2d 577 (1966)

Mildred M. SMITH, Agnes L. Stokes, and Patricia L. Taylor, Appellants, v. HAMPTON TRAINING SCHOOL FOR NURSES, a corporation, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1966.

Attorney(s) appearing for the Case

Michael Meltsner, New York City (Jack Greenberg, Derrick A. Bell, Jr., New York City, and William Alfred Smith, Hampton, Va., on brief), for appellants.

W. Stephen Moore, Hampton, Va. (E. Ralph James, and James, Richardson & James, Hampton, Va., on brief), for appellees.

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

SOBELOFF, Circuit Judge:

Negro plaintiffs, two practical nurses and one registered nurse employed by defendant's hospital in Hampton, Virginia, were discharged for eating in a cafeteria maintained by the hospital for the exclusive use of its white employees. They brought an action in the District Court for the Eastern District of Virginia under 42 U.S.C. §§ 1981, 1983 (1958), seeking reinstatement with back pay. The District Court granted the hospital's...

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