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BOYER v. GARRETT

Civ. No. 4152.

88 F.Supp. 353 (1949)

BOYER et al. v. GARRETT et al.

United States District Court D. Maryland.

December 30, 1949.

Attorney(s) appearing for the Case

I. Duke Avnet, Baltimore, Md., Edgar Paul Boyko, William H. Murphy, Dallas F. Nicholas, Baltimore, Md., for plaintiffs.

Thomas N. Biddison, City Sol., Allen A. Davis, John J. Ghingher, Jr., Hugo A. Ricciutti, Asst. City Sols., Baltimore, Md., for Mayor & City Council of Baltimore and Board of Recreation and Parks.

John Henry Lewin, Baltimore, Md. (Venable, Baetjer & Howard, Baltimore, Md.), for certain members of the Board sued individually.

CHESNUT, District Judge.

Counsel state that this is a test case. It differs, however, from the ordinary test case in that the latter is generally brought to establish some new point of law, while the present case seeks to disestablish presently existing law. The point of law referred to is the doctrine that segregation of races with respect to facilities afforded by the State for its citizens is within the constitutional exercise of the police power of the States...

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