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 · Court of Appeals for the Fifth Circuit · Nov 16, 1962

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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

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.

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