PALMER v. THOMPSON

No. 23841.

419 F.2d 1222 (1969)

Hazel PALMER et al., Appellants, v. Allen C. THOMPSON, Mayor, City of Jackson, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Concurring Opinion January 7, 1970.

Dissenting Opinion November 25, 1969.


Attorney(s) appearing for the Case

L. H. Rosenthal, Jackson, Miss., Paul A. Rosen, Detroit, Mich., William Kunstler, New York City, for appellants.

Thomas H. Watkins, E. W. Stennett, Jackson, Miss., for appellees.

Before JOHN R. BROWN, Chief Judge, and RIVES, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER and SIMPSON, Circuit Judges.


RIVES, Circuit Judge:

The briefs and arguments on rehearing en banc have been confined to the first point discussed in the original opinion; that is, to whether the City of Jackson denied the equal protection of the laws to Negroes by the closing of all of its public swimming pools. The findings of fact by the district court on this point were set forth in the original opinion, and, for convenience, are again quoted:

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