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SMITH v. YOUNG MEN'S CHRISTIAN ASS'N OF MONTGOMERY

No. 71-1188.

462 F.2d 634 (1972)

Vincent Leonard SMITH et al., Plaintiffs-Appellees, v. The YOUNG MEN'S CHRISTIAN ASSOCIATION OF MONTGOMERY, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 14, 1972.

Attorney(s) appearing for the Case

Oakley Melton, Jr., Charles A. Stakely, Jr., Montgomery, Ala., Joseph D. Phelps, Asst. City Atty., Montgomery, Ala. (amicus curiae City of Montgomery, Ala.), for defendants-appellants.

Morris Dees, Jr., Joseph Levin, Jr., Montgomery, Ala., Levin & Dees, Fred D. Gray, Gray, Seay & Langford, Montgomery, Ala., for plaintiffs-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

We review on appeal a finding by the district court (Chief Judge Frank M. Johnson, Jr.) that the Young Men's Christian Association of Montgomery, Inc. (YMCA) had engaged in a pattern and practice of racial discrimination by operating segregated branches and by excluding Negroes from certain activities. The lower court held that the YMCA had violated the rights of appellees (plaintiffs below) and the rights of the class they represent, members...

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