Court of Appeals to Hear Argument on U. of Mississippi Case on Feb. 10

    wo PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEWYORK19,N.Y. © JUdson6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President General Counsel Associate Counsel 

Ss 

COURT OF APPEALS TO HEAR ARGUMENT 
ON U. OF MISSISSIPPI CASE ON FEB. 10 

February 7, 1962 

NEW YORK + On Saturday, February 10, the U. S. Court of Appeals for 

the Fifth Circuit will hear argument in New Orleans, La. on a 

Motion for Injunction Pending Appeal which, if granted, would admit 

the first Negro student to the University of Mississippi. 

Mrs. Constance Baker Motley, attorney for James Howard Meredith, 

the Negro student, hopes the Appeals Court will rule before Feb. 15, 

1962, the last day that Meredith can register to attend the Univer- 

sity's second term. Meredith is now attending the all-Negro Jackson 

State College in Jackson, Miss. 

Meredith, a twenty-eight year old Air Force veteran, has been 

trying to transfer to the all-white University since January, 1961, 

He was denied admission last Spring on the grounds that he could not 

satisfy a University requirement that applicants be recommended by 

five alumni from their county, and because Jackson State College was 

not a member of the Southern Association of Colleges and Secondary 

Schools. 

Meredith's case was taken by NAACP Legal Defense Fund attorneys 

who filed suit in the federal district court for the Southern Dis- 

trict of Mississippi last May, alleging that the alumni requirement 

is unconstitutional and that Meredith was denied admission solely on 

grounds of race. 

After much delay, District Judge Sidney C. Mize refused, in 

December, to grant a Defense Fund request for Preliminary Injunction, 

ruling that Meredith was not denied admission solely because of race. 

Defense Fund attorneys immediately appealed the denial to the 

Court of Appeals for the Fifth Circuit. On January 12, the Appeals 

Court affirmed Judge Mize's ruling, but held the alumni certificate 

requirement unconstitutional. 



ape 

In an effort to get Meredith admitted for the second term 

(which began February 6) Fund attorneys returned to the District 

Court for a hearing on the merits. Judge Mize was asked to consider 

the Appeals Court ruling on the Alumni Certificate requirement and 

the December 7, 1961 admission of Jackson State College to the 

Southern Association of Colleges and Secondary Schools. 

On Saturday, February 3, Judge Mize again ruled that Merddith 

was not denied admission solely because of his race, dismissing the 

Defense Fund complaint. 

The hearing on Saturday, February 10 before the Court of 

Appeals is an attempt to get a favorable ruling before February 18, 

the last day for second term registration. If Meredith is not ad- 

mitted by the 15th, the case may become moot, for Meredith is now in 

his last year at Jackson State College. 

NAACP Legal Defense Fund attorneys for Meredith besides 

Mrs. Motley are R. Jess Brown of Jackson, Miss., and Derrick A. 

Bell, Jr. of New York City. 
Stace aee