Whittington v. Johnston

RIVES, -Circuit Judge

(dissenting).

I agree that a mere conspiracy, to fall within the ban of 8 U.S.C.A. § 47(3), must be “for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws”, or for some other purpose specified in that section, and which does not include a purpose of denying to a person due process of law. . Collins v. Hardyman, 341 U.S. 651, 660, 71 S.Ct. 937, 95 L.Ed. 1253. Section 43 on the other hand protects against the deprivation under color of law “of any…