Henry v. Greenville Airport Commission

Decision Date01 December 1960
Docket NumberNo. 8247.,8247.
PartiesRichard B. HENRY, Appellant, v. GREENVILLE AIRPORT COMMISSION; O. L. Andrews, Manager, Greenville Municipal Airport; Olin H. Spann, Chairman, Greenville Airport Commission, and Charles E. Robinson, Jr., Aug. W. Smith, Edward McCrady, William B. Coxe, Members of the Greenville Airport Commission, Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

Jack Greenberg, New York City (Lincoln C. Jenkins, Jr., Columbia, S. C., and Thurgood Marshall, New York City, on brief), for appellant.

Theodore A. Snyder, Jr., Greenville, S. C. (Thomas A. Wofford, W. H. Arnold, and Love, Thornton & Arnold, Greenville, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


This suit was filed in the District Court on January 24, 1959, to secure an interlocutory and a permanent injunction restraining the Greenville Airport Commission, its members, and the manager of the Greenville Airport from making any distinction based upon color in regard to service to the traveling public. The plaintiff is a citizen of the United States and a civil service employee of the United States Air Force at Selfridge Air Force Base, Michigan, who is required to travel in various parts of the country in the performance of his duties. In November 1958, having secured a ticket on a commercial airline for passage from Greenville, South Carolina, to Michigan he seated himself in a waiting room at the airport to await the departure of his plane but was required to move to another waiting room maintained by the Greenville Airport Commission for Negro travelers. He brought this suit on behalf of himself and all other Negroes similarly situated to restrain this practice.

On July 20, 1959, the case came on for hearing in the District Court on plaintiff's motion for preliminary injunction and a motion of the defendants to dismiss the complaint and on September 8, 1959, 175 F.Supp. 343, the court denied the plaintiff's motion and granted that of the defendants. On appeal this action of the District Court was reversed by an opinion rendered on April 20, 1960, 279 F.2d 751. We held that the complaint fairly alleges that the Greenville Airport Commission maintains a separate waiting room for Negroes and thereby requires them to be segregated, and that this action was taken by the Commission as an agency of the State created by the General Assembly of South Carolina and is therefore prohibited by the provisions of the ...

To continue reading

Request your trial
59 cases
  • Valero Terrestrial v. McCoy
    • United States
    • U.S. District Court — Northern District of West Virginia
    • September 17, 1997
    ...but also because an irreparable harm occurs when an individual is denied a constitutional right. See Henry v. Greenville Airport Comm'n, 284 F.2d 631, 633 (4th Cir.1960). Regardless of the economic harm suffered by plaintiffs, it is clear to this Court that any constitutional deprivation re......
  • Back v. Carter
    • United States
    • U.S. District Court — Northern District of Indiana
    • May 30, 1996
    ...case alleged a constitutional injury, the plaintiff satisfied the requirement of irreparable harm. See Henry v. Greenville Airport Comm'n, 284 F.2d 631 (4th Cir.1960); Harrison & Burrowes Bridge Constructors v. Cuomo, 743 F.Supp. 977, 996 (N.D.N.Y. 1990); Milwaukee Cty. Pavers, 707 F.Supp. ......
  • Sostre v. Rockefeller
    • United States
    • U.S. District Court — Southern District of New York
    • May 14, 1970
    ...clearly establishes, after a trial on the merits, that he is being denied his constitutional rights. Cf. Henry v. Greenville Airport Commission, et al., 284 F.2d 631 (4th Cir. 1960). In addition, the court's decree, where warranted, may provide for the retention of jurisdiction to insure th......
  • Law Students Civil Rights Research Coun., Inc. v. Wadmond
    • United States
    • U.S. District Court — Southern District of New York
    • February 17, 1969
    ...Education of Hillsboro, 228 F.2d 853 (6th Cir. 1956), cert. den. 350 U.S. 1006, 76 S.Ct. 651, 100 L.Ed. 868; Henry v. Greenville Airport Commission, 284 F.2d 631 (4th Cir. 1960); United States v. Beaty, 288 F.2d 653 (6th Cir. 1961); Burnside v. Byars, 363 F.2d 744 (5th Cir. II. The First St......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT