UZZELL v. FRIDAY

No. 75-2276.

625 F.2d 1117 (1980)

Lawrence A. UZZELL and Robert Lane Arrington, Individually, and upon behalf of all others similarly situated, Appellants, v. William C. FRIDAY, Individually, and as President of the University of North Carolina; Ferebee Taylor, Individually and as Chancellor; Claiborne Jones, Individually and as Vice-Chancellor; Marcus Williams, President of Student Body; Timothy Dugan, Individually and Treasurer, etc.; Board of Trustees of the University of North Carolina at Chapel Hill; and Board of Governors of the University of North Carolina; and Algenon L. Marbley, Chairman of the Black Student Movement; and Robert L. Wynn, II, Vice-Chairman of Black Student Movement, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1980.

Certiorari Denied May 19, 1980.


Attorney(s) appearing for the Case

Hugh Joseph Beard, Jr., Charlotte, N. C., for appellants.

Elizabeth C. Bunting, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Andrew A. Vanore, Jr., Senior Deputy Atty. Gen., Raleigh, N. C., on brief), for appellees.

Julius Chambers, Charlotte, N. C. (Charles Becton, James C. Fuller, Jr., Chambers, Stein, Ferguson & Becton, Charlotte, N. C., Karen Galloway, Durham, N. C., Jack Greenberg, James M. Nabrit, III, Napoleon B. Williams, Jr., Judith A. Reed, New York City, on brief), for additional defendants-appellees.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, MURNAGHAN and SPROUSE, Circuit Judges (in banc).


Certiorari Denied May 19, 1980. See 100 S.Ct. 2917.

WINTER, Circuit Judge:

We recalled our mandate issued after our split decision following remand from the Supreme Court, Uzzell v. Friday, 591 F.2d 997 (4 Cir. 1979), because that decision was rendered by an improperly constituted court. The case has been reargued before a properly constituted in banc court (one judge having...

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