For the third trial, Lincoln Jenkins, Jr. and Matthew J. Perry represented Ms. Flemming and the jury quickly found in the bus company's favor, but by that time the Montgomery bus boycott and the decision in Browder v. Gayle had been rendered, so a third appeal was not filed.
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Mr. Wittenberg decided not to handle a second appeal and turned the case over to Thurgood Marshall and Robert Carter of the NAACP.
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