380 U.S. 449


380 U.S. 449

380 U.S. 449

85 S.Ct. 1101

14 L.Ed.2d 151

Lester G. McKINNIE et al., petitioners,
v.
STATE OF TENNESSEE.

No. 148.—.

Supreme Court of the United States

October Term, 1964.

April 5, 1965

James M. Nabrit, III, New York City, for petitioners.

Thomas E. Fox, Asst. Atty. Gen. of Tennessee, Nashville, Tenn., for respondent.

On Writ of Certiorari to the Supreme Court of Tennessee.

PER CURIAM.

1

The judgment is reversed. Hamm v. City of Rock Hill and Lupper v. Arkansas, 379 U.S. 306, 85 S.Ct. 384, 13 L.Ed.2d 300.

2

Mr. Justice STEWART would vacate the judgment and remand the case to the Supreme Court of Tennessee for reconsideration in the light of supervening federal legislation, in accordance with the views expressed in his dissenting opinion in Hamm v. City of Rock Hill, 379 U.S. 306, 326, 85 S.Ct. 384, 396.

3

Mr. Justice BLACK, Mr. Justice HARLAN, and Mr. Justice WHITE would affirm the judgment of the Supreme Court of Tennessee for the reasons stated in their dissenting opinions in Hamm v. City of Rock Hill, 379 U.S. 306, 318, 322 327, 85 S.Ct. 384, 392, 394, 397.