Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth

Fifth Circuit

Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth

310 F.2d 303, 1962 U.S. App. LEXIS 3611

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 16, 1962

Docket19497_1

StatusPublished

Cited by10 cases

This text of 310 F.2d 303 (Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth, 310 F.2d 303, 1962 U.S. App. LEXIS 3611 (5th Cir. 1962).

Pincite

Opinion

PER CURIAM.

The findings of fact by the district court are certainly not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure. We agree with its conclusions of law. In City of Montgomery v. Gil-mdre, 5 Cir., 1960, 277 F.2d 364, 368, footnote 2, we have collected many of the cases which now settle the law beyond legitimate debate that enforced racial segregation in the public parks and pub- *304 lie recreational facilities of a city is unconstitutional. The district court retained jurisdiction for such modification, amendment or alteration of its judgment as the Court might in the future find just and equitable, necessary or advisable, as was suggested in City of Montgomery v. Gilmore, supra.

The judgment of the district court is

Affirmed.

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PER CURIAM.

The findings of fact by the district court are certainly not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure. We agree with its conclusions of law. In City of Montgomery v. Gil-mdre, 5 Cir., 1960, 277 F.2d 364, 368, footnote 2, we have collected many of the cases which now settle the law beyond legitimate debate that enforced racial segregation in the public parks and pub- *304 lie recreational facilities of a city is unconstitutional. The district court retained jurisdiction for such modification, amendment or alteration of its judgment as the Court might in the future find just and equitable, necessary or advisable, as was suggested in City of Montgomery v. Gilmore, supra.

The judgment of the district court is

Affirmed.

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310 F.2d 303, 1962 U.S. App. LEXIS 3611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-j-hanes-as-mayor-commissioner-eugene-connor-and-j-t-waggoner-ca5-1962.

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