E. F. Barnes, J. C. Carson, J. Jelks and J. Robertson v. City of Gadsden, Alabama

Fifth Circuit

E. F. Barnes, J. C. Carson, J. Jelks and J. Robertson v. City of Gadsden, Alabama

268 F.2d 593

Court of Appeals for the Fifth Circuit·Decided September 4, 1959·No. 17534·Published·Cited by 8 cases

Opinions

RIVES, Circuit Judge.

This appeal is from a final judgment for defendants. The plaintiffs seek a declaration and injunction against the execution and putting into effect of certain urban redevelopment plans of the City of Gadsden, Alabama, attacked upon the ground that they foster enforced racial segregation. The district court, entered judgment in favor of defendants pursuant to findings of fact and conclusions of law, now reported in 174 F.Supp. 64, with which all of the members of this Court were tentatively in agreement [594]*594in our first conference following the argument and submission of this appeal. After further study and more mature deliberation, Judges Cameron and Jones adhere to that view while the writer concurs in part and dissents in part for reasons separately stated. The judgment is therefore

Affirmed.

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RIVES, Circuit Judge.

This appeal is from a final judgment for defendants. The plaintiffs seek a declaration and injunction against the execution and putting into effect of certain urban redevelopment plans of the City of Gadsden, Alabama, attacked upon the ground that they foster enforced racial segregation. The district court, entered judgment in favor of defendants pursuant to findings of fact and conclusions of law, now reported in 174 F.Supp. 64, with which all of the members of this Court were tentatively in agreement [594]*594in our first conference following the argument and submission of this appeal. After further study and more mature deliberation, Judges Cameron and Jones adhere to that view while the writer concurs in part and dissents in part for reasons separately stated. The judgment is therefore

Affirmed.

E. F. Barnes, J. C. Carson, J. Jelks and J. Robertson v. City of Gadsden, Alabama, 268 F.2d 593 (5th Cir. 1959).

Pincite

268 F.2d 593 (E. F. Barnes, J. C. Carson, J. Jelks and J. Robertson v. City of Gadsden, Alabama) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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