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BARKER v. HARDWAY

Civ. A. No. 1037.

283 F.Supp. 228 (1968)

Allen F. BARKER, Donald Steven Hill, Thomas Malone, Terry Miller, Charles E. Newbold, Carmen Pilgrim, Alonzo Saunders, Albert Smith, Sharon Maria Smith, and Alan Scott Tucker, Individually and in Behalf of all those similarly situated, Plaintiffs, v. Wendell G. HARDWAY, President of Bluefield State College; J. I. Turner, Dean of Men of Bluefield State College; Wanda Moore, Dean of Women of Bluefield State College; and West Virginia State Board of Education, a Public Body Corporate, Defendants.

United States District Court S. D. West Virginia, Bluefield Division.

April 10, 1968.

Attorney(s) appearing for the Case

Herbert H. Henderson, Huntington, W. Va., Lewis M. Steel, New York City, for plaintiffs.

Jerome Katz, Katz, Katz & Kantor, Bluefield, W. Va., Leo Catsonis, Asst. Atty. Gen., State of West Virginia, Charleston, W. Va., for defendants.

CHRISTIE, District Judge:

STATEMENT OF THE CASE

On October 26, 1967, the plaintiffs, suspended students at Bluefield State College, filed a verified complaint in this court seeking to enjoin the defendants from continuing to enforce their suspension. As is here pertinent, the complaint alleged that since the beginning of the September 1967 term, the plaintiffs and other students had conducted peaceful and non-violent protests, and that on October 14, 1967...

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