HAYES v. BOARD OF REGENTS OF KENTUCKY STATE UNIVERSITY

No. 73-1976.

495 F.2d 1326 (1974)

Richard HAYES, Plaintiff-Appellant, v. The BOARD OF REGENTS OF KENTUCKY STATE UNIVERSITY, a body corporate, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 25, 1974.


Attorney(s) appearing for the Case

Robert Allen Sedler, Lexington, Ky., for plaintiff-appellant; Richard N. Rose, Lexington, Ky., on brief.

Bert T. Combs, Louisville, Ky., for defendants-appellees; Ed W. Hancock, Atty. Gen., Carl Miller, Asst. Atty. Gen., Commonwealth of Ky., Frankfort, Ky., Charles R. Simons, Louisville, Ky., on briefs; Tarrant, Combs, Blackwell & Bullitt, Louisville, Ky., on counsel.

Before WEICK and LIVELY, Circuit Judges, and ROSENSTEIN, Customs Judge.


LIVELY, Circuit Judge.

The issue in this case is whether a person registered to vote within a given state may be required to pay out-of-state tuition while attending a public institution of the state. The facts are undisputed. Plaintiff first came to Kentucky in August 1968 for the purpose of attending Kentucky State University at Frankfort. At the time of his registration he listed his residence as Gary, Indiana. On May...

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