Appellees' Brief on the Merits

    PRESS RELEASE @ () 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE + NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS oe THURGOOD MARSHALL 
President Director-Counsel 

FOR IMMEDIATE RELEASE 
January 30, 1959 

U. S. COURT OF APPEALS ORDERS 
DISTRICT JUDGE TO HEAR iEMPHIS STATE U. CASE 

CINCINNATI, 0. -- The U,. S, Sixth Circuit Court of Appeals this 

week directed U. S. District Judge Marion 0, Boyd to show cause why he 

should not be required to hear a motion filed by attorneys for 8 Negro 

students requesting a preliminary injunction enjoining the school offi. 

cials of Memphis State University from barring the admission of the 8 

Negroes. 

The 8 Negro students had been admitted in June 1958 to the first 

year at Memphis State University but were denied admission in September 

1958 by the Tennessee State Board of Education at the request of the 

President of the University. The President had requested the State 

Board to suspend admission of Negroes to ifemphis State University for a 

period of one year, on the ground that their admission to the School in 

September 1958 would result in violence due to the tension which had 

been generated in Memphis by suits filed by Negroes to integrate the 

busses and the libraries. 

The State Board had previously adopted a resolution admitting all 

qualified students to all the state-supported universities effective 

September 1958. Prior to this resolution and subsequent thereto, 

Negroes have been admitted to other state universities in Tennessee. 

When the 8 Negro students were denied admission in September 1958, 

their attorneys filed suit and sought an immediate restraining order. 

This was denied by Judge Boyd. They then requested a temporary ues 

pending disposition of the case, enjoining the school officials from 

refusing admission on the ground that to admit them would result in 

violence. The District Court judge would not hear this motion prior 

to the filing of an answer by the school officials. School officials 

then filed a motion to dismiss and the District Court then refused to 



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hear the motion for a preliminary injunction until after hearing the 

motion to dismiss. 

On January 23, 1959, the attorneys petitioned the U. S. Court of 

Appeals for the Sixth Circuit to issue an order to show cause upon 

Judge Boyd which was granted on January 28. 

The extraordinary order which has been issued by the 6th Circuit 

is expected to result in the admission of these students to the Memphis 

State University for the February 1959 term. 

Attorneys for the Negroes are H, T. Lockard, R. B. Sugarmon, dre, 

B, F, Jones and A. W, Willis, all of Memphis, Tenn.; Thurgood Marshall, 

and Constance Baker Motley of the NAACP Legal Defense and Educational 

Fund in New York. 

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