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EVANS v. ABNEY

No. 60.

396 U.S. 435 (1970)

90 S.Ct. 628

24 L.Ed.2d 634

EVANS ET AL. v. ABNEY ET AL.

Supreme Court of United States.

Decided January 26, 1970.

Attorney(s) appearing for the Case

James M. Nabrit III argued the cause for petitioners. With him on the brief were William H. Alexander, Jack Greenberg, Charles L. Black, Jr., and Anthony G. Amsterdam.

Frank C. Jones argued the cause for respondents. With him on the brief was Charles M. Cork.

Deputy Solicitor General Claiborne, by special leave of Court, argued the cause for the United States as amicus curiae urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

Once again this Court must consider the constitutional implications of the 1911 will of United States Senator A. O. Bacon of Georgia which conveyed property in trust to Senator Bacon's home city of Macon for the creation of a public park for the exclusive use of the white people of that city. As a result of our earlier decision in this case which held that the park, Baconsfield, could not continue to be operated...

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