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FRANKLIN v. PARKER

Civ. A. No. 621-E.

223 F.Supp. 724 (1963)

Harold A. FRANKLIN, Plaintiff, United States of America, Plaintiff and Amicus Curiae, v. William V. PARKER, Dean Graduate School of Auburn University, Defendant.

United States District Court M. D. Alabama, E. D.

November 5, 1963.

Attorney(s) appearing for the Case

Fred D. Gray, Montgomery, Ala., Jack Greenberg, Constance Baker Motley, and Leroy D. Clark, New York City, for the plaintiff Franklin. Ben Hardeman, U. S. Atty., Montgomery, Ala., and Arvid A. Sather, Atty., U. S. Dept. of Justice, Washington, D. C., for the United States, plaintiff and amicus curiae.

James J. Carter and T. B. Hill, Jr., (of Hill, Hill, Stovall & Carter), Montgomery, Ala., and Thomas D. Samford III, (of Samford & Samford), Opelika, Ala., for defendant.

JOHNSON, District Judge.

This cause is now submitted upon the plaintiff's motion for a preliminary injunction. Upon consideration of the issues as made up by the pleadings and the evidence (the latter consisting of affidavits, testimony taken both orally and by deposition and the several exhibits thereto), and the briefs and arguments of the parties, this Court now makes the appropriate findings of facts and conclusions of law, embodying the same in this memorandum...

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