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EVANS v. NEWTON

No. 61.

382 U.S. 296 (1966)

86 S.Ct. 486

15 L.Ed.2d 373

EVANS ET AL. v. NEWTON ET AL.

Supreme Court of United States.

Decided January 17, 1966.

Attorney(s) appearing for the Case

Jack Greenberg argued the cause for petitioners. With him on the briefs were James M. Nabrit III, Michael Meltsner, Donald L. Hollowell and Charles L. Black, Jr.

C. Baxter Jones and Frank C. Jones argued the cause for respondents. With them on the brief were A. O. B. Sparks, Jr., and Willis B. Sparks III.

Louis F. Claiborne, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. On the brief were Solicitor General Marshall, Assistant Attorney General Doar, Ralph S. Spritzer, David Rubin and James L. Kelley.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

In 1911 United States Senator Augustus O. Bacon executed a will that devised to the Mayor and Council of the City of Macon, Georgia, a tract of land which, after the death of the Senator's wife and daughters, was to be used as "a park and pleasure ground" for white people only, the Senator stating in the will that while he had only the kindest feeling for the Negroes he was of the opinion that "in their social...

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