Lillie Boman v. Birmingham Transit Company

TUTTLE, Circuit Judge.

This is an appeal from a judgment dismissing a class action on behalf of Negro patrons of the Birmingham Transit Company seeking to enjoin it from enforcing its published rule of seating passengers according to race.

The suit joined the City Commissioners of Birmingham as individuals and the Bus Company. It was alleged that the Company and the Commissioners were illegally enforcing a state law or policy of insisting on racial segregation of the seating in the buses, and that although the City of Birmingham was not joined, the officials, one of whom was the Police Chief,…