Legal Opinion

City of St. Petersburg, Etc., and Jack Puryear, as Director of the Bureau of Recreation of the City of St. Petersburg, Florida v. Fred Alsup

Court of Appeals for the Fifth Circuit

Decided December 19, 1956No. 16100_1PublishedCited by 37 opinions

1Opinion of the Court

RIVES, Circuit Judge.

The district court enjoined the appellants from refusing to allow the appellees and other negroes similarly situated to use the municipal beach and swimming pool on the same basis as white citizens of the municipality. On the authority of Dawson v. Mayor and City Council of City of Baltimore, 4 Cir., 220 F.2d 386, affirmed 350 U.S. 877, 76 S.Ct. 133, the judgment should be affirmed, unless the cases are distinguishable.

The distinction urged by appellants is that the City of Baltimore operates its parks and swimming facilities in its governmental capacity, 1 while the City…

2Cases cited18 opinions

  1. Civil Rights CasesSupreme Court of the United States · 1883
  2. Ex Parte VirginiaSupreme Court of the United States · 1880
  3. City of Trenton v. New JerseySupreme Court of the United States · 1923
  4. Buchanan v. WarleySupreme Court of the United States · 1916
  5. Nixon v. CondonSupreme Court of the United States · 1932

13 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Watson v. City of MemphisSupreme Court of the United States · 1963
  2. W. F. (Dee) Derrington and Harris County, Texas, Acting Herein by Its County Judge and Commissioners v. M. W. PlummerCourt of Appeals for the Fifth Circuit · 1957
  3. City of Montgomery, Alabama v. Georgia Theresa GilmoreCourt of Appeals for the Fifth Circuit · 1960
  4. W. G. Anderson v. City of AlbanyCourt of Appeals for the Fifth Circuit · 1963
  5. Dorsey v. State Athletic CommissionDistrict Court, E.D. Louisiana · 1958

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API