PODBERESKY v. KIRWAN

Civ. No. JFM-90-1685.

838 F.Supp. 1075 (1993)

Daniel J. PODBERESKY, Plaintiff, v. William E. KIRWAN, President of the University of Maryland at College Park, et al., Defendants, and Monica Greene, et al., Defendant-Intervenors.

United States District Court, D. Maryland.

Amended Order November 22, 1993, Nunc Pro Tunc.


Attorney(s) appearing for the Case

Samuel Podberesky, Randallstown, MD, Richard A. Samp, Washington Legal Foundation, Washington, DC, for plaintiff.

Evelyn O. Cannon, Andrew Baida, Richard A. Weitzner, Office of the Atty. Gen., Baltimore, MD, for defendants.

Elaine R. Jones, Director-Counsel, Norman J. Chachkin, NAACP Legal Defense & Educational Fund, Inc., New York City, Janell M. Byrd, Randy E. Hayman, NAACP Legal Defense Fund, Washington, DC, William J. Murphy, John J. Connolly, Murphy & Shaffer, Baltimore, MD, Sally P. Paxton, Jacqueline R. Depew, Fulbright & Jaworski, Washington, DC, for defendants-intervenors.


OPINION

MOTZ, District Judge.

The question posed in this case is whether a public university, racially segregated by law for almost a century and actively resistant to integration for at least twenty years thereafter, may — after confronting the injustice of its past — voluntarily seek to remedy the resulting problems of its present, by spending one percent of its financial aid budget to provide scholarships to approximately thirty high-achieving...

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