New Orleans City Park Improvement Ass'n v. Mandeville Detiege, Individually & on Behalf of Others Similarly Situated, 252 F.2d 122 (5th Cir. 1958). · Go Syfert
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New Orleans City Park Improvement Ass'n v. Mandeville Detiege, Individually & on Behalf of Others Similarly Situated, 252 F.2d 122 (5th Cir. 1958). Cases Citing This Book View Copy Cite
27 citation events across 9 distinct courts.
Strongest positive: Harold S. Golden and David Fincher v. Biscayne Bay Yacht Club (ca5, 1976-04-15)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Harold S. Golden and David Fincher v. Biscayne Bay Yacht Club
5th Cir. · 1976 · confidence medium
Petersburg v. Alsup, 1956, 238 F.2d 830 , cert. denied, 1957, 353 U.S. 922 , 77 S.Ct. 680 , 1 L.Ed.2d 719 (swimming pool); Bynum v. Schiro, E.D.La., 1963, 219 F.Supp. 204, 209 , aff’d, 375 U.S. 395 , 84 S.Ct. 452 , 11 L.Ed.2d 412 (municipal auditorium); Browder v. Gayle, supra at 717 (city bus); New Orleans City Park Improvement Association, 5 Cir., 1958, 252 F.2d 122, 123 (city park facilities). 22 .
discussed Cited as authority (rule) Palmer v. Thompson (2×)
SCOTUS · 1971 · confidence medium
Carter v. West Feliciana Parish School Board, 396 U. S. 290 (1970); Singleton v. Jackson Municipal Separate School Dist., 426 F. 2d 1364 (CA5), modified, 430 F. 2d 368 (CA5 1970); Singleton v. Jackson Municipal Separate School Dist., 432 F. 2d 927 (CA5 1970). [5] In an affidavit filed August 18, 1965, in the District Court in the present case, Mayor Thompson stated, "I believe that the welfare of both races would have best been served if [the custom that members of each race would use the recreational facilities near their homes] had continued." [6] But see Brown v. Board of Education, 347 U. …
discussed Cited "see" Williams v. State (2×)
Ark. · 1995 · signal: see · confidence high
See New Orleans Park Improvement Assn. v. Detiege, 358 U.S. 54 , affirming 252 F.2d 122 .
cited Cited "see" Wright v. Georgia
SCOTUS · 1963 · signal: see · confidence high
See New Orleans Park Improvement Assn. v. Detiege, 358 U. S. 54 , affirming 252 F. 2d 122 .
discussed Cited "see, e.g." Lige v. Town of Montclair
N.J. · 1976 · signal: see, e.g. · confidence low
See, e.g., New Orleans City Park Improvement Ass'n v. Detiege, 358 U.S. 54 , 79 S.Ct. 99 , 3 L.Ed. 2d 46 (1958), aff'ing 252 F. 2d 122 (5 Cir.1958); Gayle v. Browder, 352 U.S. 903 , 77 S.Ct. 145 , 1 L.Ed. 2d 114 (1956), aff'ing 142 F. Supp. 707 (M.D.
discussed Cited "see, e.g." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. INTERNATIONAL LONGSHOREMEN’S ASSOCIATION Et Al., Defendants-Appellees (2×)
5th Cir. · 1975 · signal: see, e.g. · confidence low
See, e. g., New Orleans City Park Improvement Ass’n v. Detiege, 1958, 358 U.S. 54 , 79 S.Ct. 99 , 3 L.Ed.2d 46 , aff’g 5 Cir. 1958, 252 F.2d 122 (segregated parks).
Retrieving the full opinion text from the archive…
NEW ORLEANS CITY PARK IMPROVEMENT ASSOCIATION, Appellant,
v.
Mandeville DETIEGE, Individually and on Behalf of Others Similarly Situated, Et Al., Appellees
16864.
Court of Appeals for the Fifth Circuit.
Mar 28, 1958.
252 F.2d 122
Louis B. Porterie, New Orleans, La., for appellant., A. P. Tureaud, New Orleans, La., for appellees.
Hutcheson, Tuttle, Jones.
Cited by 23 opinions  |  Published
PER CURIAM.

This appeal from a summary judgment declaring the rights of the parties, and permanently enjoining the defendant, New Orleans City Park Improvement Association, a municipal corporation, from denying plaintiffs and other Negroes, solely on account of their race or color, the use of the facilities of the New Orleans City Park, calls for affirmance on the authority of Holmes v. City of Atlanta, 350 U.S. 879, 76 S.Ct. 141, 100 L.Ed. 776, and Mayor and Council of Baltimore City v. Dawson, 350 U.S. 877, 76 S.Ct. 133, 100 L.Ed. 774. Arising from a complaint in which the Negro plaintiffs, suing for themselves and others similarly situated, seek to have declared unconstitutional all state laws which prevent their use on the same basis as white persons of the golf course and other facilities of City Park, the suit presents no disputed factual issues and no new principles. Attempting to assert that there was a substantial issue of fact which should have prevented the trial court from acting on motion for summary judgment, appellant takes the completely untenable position that we should ignore the decision of the Supreme Court in the two cited cases because, so it states, they were posited on the ratio decidendi of that court in the school segregation cases of Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, which, appellant contends, were based on psychological considerations not here applicable. Appellant seeks to present this as a fact issue, contending that the trial court should have heard evidence to determine whether such psychological considerations are present in the denial of access on a non-segregated basis to the City Park. Whatever may have been the basis of the Supreme Court’s decision in the Atlanta and Baltimore cases, they were nevertheless decided on identical issues that are presented here, and they are, of course, binding on us. The Courts have decided that the refusal of city and state officials to make publicly supported facilities available on a non-segregated basis to Negro citizens deprives them of equal protection under the laws in too many cases for us to take seriously a contention that such decisions are erroneous and should be reversed.

The appeal is without merit and the judgment is

Affirmed.