Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth
U.S. Court of Appeals for the 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 (5th Cir. 1962)
1962 U.S. App. LEXIS 3611
Arthur J. Hanes, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham v. F. L. Shuttlesworth
Opinion
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.
Reference
- Full Case Name
- Arthur J. HANES, as Mayor Commissioner, Eugene Connor and J. T. Waggoner, as Commissioners of the City of Birmingham, Et Al., Appellants, v. F. L. SHUTTLESWORTH Et Al., Appellees
- Cited By
- 10 cases
- Status
- Published