City of New Orleans v. Barthe
| Decision Date | 17 February 1964 |
| Docket Number | No. 663,663 |
| Citation | 84 S.Ct. 636,11 L.Ed.2d 602,376 U.S. 189 |
| Parties | CITY OF NEW ORLEANS et al. v. Evangeline BARTHE et al |
| Court | U.S. Supreme Court |
Alvin J. Liska, for appellants.
Jack Greenberg, James M. Nabrit III, Ernest N. Morial and A. P. Tureaud, for appellees.
The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, before judgment,* pursuant to 28 U.S.C. § 1254(1), to the United States Court of Appeals for the Fifth Circuit, the petition is granted. The judgment of the United States District Court for the Eastern District of Louisiana is affirmed. Turner v. City of Memphis, 369 U.S. 350, 82 S.Ct. 805, 7 L.Ed.2d 762; Watson v. City of Memphis, 373 U.S. 526, 83 S.Ct. 1314, 10 L.Ed.2d 529.
Mr. Justice BLACK, Mr. Justice HARLAN and Mr. Justice WHITE are of the opinion that this case is not appealable to this Court under 28 U.S.C. § 1253 but is appealable to the Court of Appeals under 28 U.S.C. § 1291, and that this Court should dismiss the appeal for the Court of Appeals to consider and decide the appeal of this case now properly pending before it. See Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512.
* See Griffin v. Prince Edward County Bd., 375 U.S. 391, 84 S.Ct. 487, and cases cited.
To continue reading
Request your trial
-
United States v. Guest
...284, 83 S.Ct. 1240, 10 L.Ed.2d 349; Watson v. City of Memphis, 373 U.S. 526, 83 S.Ct. 1314, 10 L.Ed.2d 529; City of New Orleans v. Barthe, 376 U.S. 189, 84 S.Ct. 636, 11 L.Ed.2d 602 (parks and playgrounds); Holmes v. City of Atlanta, 350 U.S. 879, 76 S.Ct. 141, 100 L.Ed. 776 (golf course); ......
-
Daniel v. Waters
...of segregative statutes. Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962); City of New Orleans v. Barthe, 376 U.S. 189, 84 S.Ct. 636, 11 L.Ed.2d 602 (1964); Turner v. City of Memphis, 369 U.S. 350, 82 S.Ct. 805, 7 L.Ed.2d 762 (1962); Evers v. Jackson Municipal Separa......
- City of Lake Wales v. Lamar Advertising Ass'n of Lakeland
-
Lagarde v. RECREATION & PARK COM'N FOR PAR. OF E. BATON ROUGE
... ... the use and enjoyment of the municipally owned and operated recreational facilities in the City of Baton Rouge and the Parish of East Baton Rouge, such as the golf courses, tennis courts, ... 16 at 20, 62 L.Ed. 149." ... In July of 1963, in the case of Barthe, et al v. City of New Orleans, et al, 219 F.Supp. 788 (E.D.La.1963), the City of New Orleans was ... ...