Meredith v. Fair Transcript of Record Vol. I

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Brief Collection, LDF Court Filings. Meredith v. Fair Transcript of Record Vol. I, 1962. ebee9075-bd9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c6c4a972-fde2-4379-a5c1-6e582ab6cf57/meredith-v-fair-transcript-of-record-vol-i. Accessed July 16, 2025.

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TRANSCRIPT OF RECORD

UNITED STATES
COURT of APPEALS

F I F T H C I R C U I T

No.

JAMES H. MEREDITH,
APPELLANT

VERSUS

CHARLES DICKSON FAIR, ETC., ET AL,
APPELLEES

VOLUME I

Appeal from the United States District Court
for the Southern District of Mississippi,

Jackson Division

I N D E X

Volume I - Meredith Case
Pages 1 - 156

Caption

Complaint

Notice of Motion

Motion For Temporary Restraining Order And
Preliminary Injunction

Motion For Order Requiring The Defendant
Registrar To Appear For The Taking of
His Deposition

Order To Show Cause

Notice Of Taking Depositions

Plaintiff's Objection to Taking of Deposition

Order

Motion For Production
Exhibit A - Affidavit In Support of Motion

For Production of Documents

Notice of Taking Deposition On Oral Examination

Motions of Defendant, Robert B. Ellis, Registrar
Of The University of Mississippi, To Vacate
Plaintiff's Notice of Taking His Deposition, And
The Taking Thereof, and To Suspend Or Stay
The Taking of Such Deposition.
Exhibit A - Affidavit

Motion of Defendants For Extension of Time
Within Which to Plead
Exhibit A - Affidavit

Order

Page No.

33
35

39
43

47
50

Order 55

Motion For Preliminary Injunction 57
Notice of Motion 60
On Motions For Additional Time 61

On Dates For Filing of Answer And Arguments 79
of Motions

Notice of Taking Deposition on Oral Examination 98

Request For Amendment to Order Permitting Entry 99
Upon Property And Inspection of Records

Notice of Motion 100
Separate Answer of Charles Dickson Fair, E .R. Jobe, 101

The Board of Trustees of State Institutions of
Higher Learning Of The State of Mississippi,

Volume I Page No.

Edgar Ray Izard, Leon Lowrey, Ira Lamar Morgan,
Malcolm Mette Roberts, 'William Orlando Stone,
S. R. Evans, Verner Smith Holmes, James Napoleon
Lipscomb, Tally D. Riddell, Harry Gordon
Carpenter, Robert Bruce Smith H, Thomas Jefferson
Tubb, James Davis Williams and Arthur Beverly
Lewis

Separate Answer of Defendant, Robert B. Ellis, 104
Registrar of The University of Mississippi
Motion of Defendant to Dismiss For Lack 131

of Jurisdiction-Immunity
Motion To Dismiss For Lack of 132

Diversity of Citizenship and Jurisdictional
Amount

The Doctrine of Abstention 133
Exhibit A - Letter from J. H. Meredith 136
Exhibit B - Letter from Robert B. Ellis 137
Exhibit C - Letter from J. H. Meredith 138
Exhibit D - Application 139
Exhibit E - Telegram from Robert B. Ellis 140
Exhibit F - Letter from J.H. Meredith 140
Exhibit G - Letter from Robert B. Ellis 142
Exhibit H - Letter from J.H.Meredith 142
Exhibit I - Letter from J. H. Meredith 143
Exhibit J - Letter from J. H. Meredith 144
ExhibitK - Letter from J.H.Meredith 146

Vol. I Page No.

Exhibit L - Letter from Robert B. Ellis 148
Exhibit M - Letter from J, H. Meredith 150
Exhibit N - Letter from J.H. Meredith 152
Exhibit O - Letter from J.H.Meredith 153
Exhibit P - Letter from Robert B. Ellis 154
Exhibit Q - Telegram from J.H.Meredith 155
Exhibit R - Telegram from Robert B. Ellis 156

MEMORANDUM FOR CLERK, UNITED STATES COURT OF APPEALS
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
SOUTHERN DISTRICT OF MISSISSIPPI, JACKSON DIVISION

JAMES H. MEREDITH, On Behalf of Himself
and Others Similarly Situated,

APPELLANT

VERSUS

CHARLES DICKSON FAIR, President of the Board
of Trustees of State Institutions of Higher
Learning of the State of Mississippi, ET AL,

APPELLEES

ATTORNEYS FOR APPELLANT:

Mrs. Constance Baker Motley
10 Columbus Circle
New York 19, N. Y.

Mr. Derrick A. Bell, Jr.
10 Columbus Circle
New York 19, N. Y.

Mr. R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

ATTORNEYS FOR APPELLEES:

Mr. Joe T, Patterson
Attorney General

Mr. Dugas Shands and Mr. Edward L. Cates
Assistant Attorneys General

Mr. Charles Clark and Mr. Petter M. Stockett, Jr.
Special Assistant Attorneys General
State Capitol
Jackson, Mississippi

C O M P L A IN T

(Filed May 31, 1961)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

------------------------------------------------------------------------------------------------------ ----------------}

JAMES H. MEREDITH, on behalf of himself and
others similarly situated, )

Plaintiff, )

v. )

CHARLES DICKSON FAIR, President of the Board of )
Trustees of State Institutions of Higher Learning
of the State of Mississippi, Louisville, Mississippi, )

and )

EUCLID RAY JOBE, Executive Secretary of The
Board of Trustees of State Institutions of
Higher Learning of the State of Mississippi,
Jackson, Mississippi,

and

)

)
CIVIL ACTION
NO. 3130 }

)
EDGAR RAY IZARD, Hazlehurst, Mississippi;
LEON LOWREY, Olive Branch, Mississippi; )
IRA LAMAR MORGAN, Oxford, Mississippi;
MALCOLM METTE ROBERTS, Hattiesburg, Mississippi; )
WILLIAM ORLANDO STONE, Jackson, Mississippi;
S. R. EVANS, Greenwood, Mississippi; VERNER SMITH )
HOLMES, McCornb, Mississippi; JAMES NAPOLEON LIPSCOMB,
Macon, Mississippi; TALLY D* RIDDELL, Quitman, )
Mississippi; HARRY GORDON CARPENTER, Rolling Fork,
Mississippi; ROBERT BRUCE SMITH,H, Ripley, )
Mississippi and THOMAS JEFFERSON TUBB, West Point,
Mississippi, MEMBERS OF THE BOARD OF TRUSTEES OF )
STATE INSTITUTIONS OF HIGHER LEARNING,

and
)

JAMES DAVIS WILLIAMS, Chancellor of the
University of Mississippi, Oxford, Mississippi,

)

)
and

ARTHUR BEVERLY LEWIS, Dean of the College of
Liberal Arts of the University of Mississippi,
Oxford, Mississippi,

and

ROBERT BYRON ELLIS, Registrar of the
University of Mississippi, Oxford,
Mississippi,

Defendants.

)

C O M P L A I N T

1. The jurisdiction of this Court is invoked pursuant to provi

sions of Title 28, United States Code, p 1343(3). This is an action

authorized by law, Title 42, United States Code, p 1983. This action

is brought by the plaintiff to redress the deprivation, under color of

state law, state custom, state regulation and state usage, of rights

secured to him by the Constitution of the United States. The rights

here sought to be secured are rights guaranteed by the due process and

equal protection clauses of the Fourteenth Amendment to the Constitu

tion of the United States, as hereinafter more fully appears.

2. This is a proceeding for a declaratory judgment, pursuant to

provisions of Title 28, United States Code, p 2201, for the purpose of

having this Court determine the question whether the plaintiff, and
members of the class represented by plaintiff, as Negro citizens and

residents of the State of Mississippi, have a right to attend the

University of Mississippi and other state institutions of higher learn

ing presently limited to white students, upon the same terms and con

ditions applicable to white citizens and residents of Mississippi.

3. This is a proceeding for a temporary restraining order with

out notice, a preliminary and permanent injunction, enjoining the de

fendants, and each of them, their agents, servants, employees,

attorneys, successors, and all persons in active concert and partici

pation with them, from:

a) refusing to consider and act expeditiously upon the

application of the plaintiff, and members of his class, for admission

to the University of Mississippi, and other state institutions of higher

learning, solely because of race and color;

b) refusing to advise the plaintiff, and members of his

class, as to the status of their applications and deficiencies with

respect thereto, solely because of race and color;

c) refusing to admit plaintiff, and members of his class, to

the University of Mississippi and other state institutions of higher

learning, solely because of race and color;

d) refusing to permit plaintiff, and members of his class,

to matriculate as students at the University of Mississippi, upon the

same terms and conditions applicable to white students; and

e) taking any action or doing any act which interferes with,

defeats, or thwarts the right of plaintiff, and members of his class,

to attend the University of Mississippi, and other state institutions of

higher learning, upon the same terms and conditions applicable to

white students, or which interferes with, defeats, or thwarts the law

ful orders of this Court which are designed to secure rights of plain

tiff, and members of his class, to attend the University of Mississippi

and other state institutions of higher learning, upon the same terms

and conditions applicable to white students.

4. This is a class action brought by plaintiff on behalf of him

self and on behalf of all other Negro students in the State of M ississi

ppi who are similarly situated and affected by the policy, practice,

custom and usage complained of herein. Plaintiff and members of his

class are Negro citizens and residents of the State of Mississippi who,

by reason of their prior requisite education and citizenship status,

have a right to apply for admission to and attend the University of

Mississippi, and other state institutions of higher learning, upon the

saine_.terms-and conditions applicable to white citizens similarly sit-

uated. JI’he.members of the class are too numerous to be brought in

dividually before this Court and are not aH known to the plaintiff, but

there are common questions of law and fact involved, common griev

ances arising out of a common wrong, and a common relief is sought

for this plaintiff and all other members of the class. Plaintiff fairly

and adequately represents the members of the class on behalf of which

he sues.

5. The plaintiff is James Howard Meredith, an adult Negro

citizen of the United States and of the State of Mississippi, presently

residing in Jackson, Mississippi. The plaintiff was born in Kosciusko,

Attala County, Mississippi on the 25th day of June 1933. All of his

elementary and high school education, except for the last year, was

received in Mississippi. Plaintiff's last year of high school education

was received at Gibbs High School, St. Petersburg, Florida, from

which he graduated in June 1951. During the period July, 1951 to

July, 1960, plaintiff served most of this time in the armed forces of

the United States and was honorably discharged from the Air Force on

July 21, 1960. In September, 1960, plaintiff entered Jackson State

College, Jackson, Mississippi and recently completed the sophomore

year at that institution. While in the armed service, plaintiff attended

the University of Kansas at Lawrence, Kansas, Washburn University

at Topeka, Kansas and the University of Maryland, Far East Division,

and earned some college credits. Plaintiff is eligible for Immediate

readmission to each of these institutions and his record meets the re

quirements of the program in the University for which he has applied.

6. The defendants are: The Board of Trustees of State Institu

tions of Higher Learning, the members of which are: Charles Dickson

Fair, President; Euclid Ray Jobe, Executive Secretary; Edgar Ray

Izard, Leon Lowrey, Ira Lamar Morgan, Malcolm Mette Roberts,

William Orlando Stone, S. R. Evans, Verner Smith Holmes, James

Napoleon Lipscomb, Tally D. Riddell, Harry Gordon Carpenter, Robert

Bruce Smith, H and Thomas Jefferson Tubb. The other defendants are:

John Davis Williams, Chancellor of the University of Mississippi;

Arthur Beverly Lewis, Dean of The College of Liberal Arts of the

University of Mississippi and Robert Byron Ellis, Registrar of the

University of Mississippi.

7. Management and control of the University of Mississippi, and

all other institutions of higher learning of the State of Mississippi are

vested in the defendant Board of Trustees of State Institutions of High

er Learning. The members of said Board are appointed by the Gover

nor with the advice and consent of the Senate. Said Board has the pow

er and authority to elect the heads of the various institutions of higher

learning and to contract with all deans and other members of the admin

istrative staff of the institutions under its management and control.

(Mississippi Constitution (1956), Article 8, p 213-A; Miss. Code Ann.

(1952), Title 24, p p 6719, 6720,6721,6722, 6723 and 6724, as amend

ed.) The institutions of higher learning presently under the manage

ment and control of said Board are, in addition to the University of

Mississippi (white), Mississippi State College (white), Mississippi

State College for Women (white), Mississippi Southern College (white)

and Delta State Teachers College (white), Alcorn Agricultural and Me -

chanical College (Negro), Mississippi Vocational College (Negro) and

Jackson State College (Negro). The defendant Board is composed of

twelve members appointed for twelve year terms in groups of four each

every four years. One member is appointed for each Congressional

District, one for each of the three Supreme Court Districts and two

from the State-at-large. In addition to these twelve members, a mem

ber is appointed from DeSoto County, who is known as the LaBauve

trustee, to serve for the University only. There are no ex-officio

members. The Board selects Its own president and appointed the de

fendant Chancellor as executive head of the University, the defendant

Dean as the Dean of the College of Liberal Arts of the University of

Mississippi and the defendant Registrar as Registrar of the University

of Mississippi. The Board maintains offices in the City of Jackson,

Mississippi. The various members of the Board are all citizens of

Mississippi residing in various districts of the State of Mississippi.

8. On January 26, 1961, the defendant Registrar sent the plain

tiff an application form for admission to the University of Mississippi

instructions, and a General Information Bulletin. This application

form was duly completed by plaintiff and mailed on January 31, 1961

to the Registrar. The application form requested information as to the

applicant's race with which the plaintiff complied by stating that he is

a Negro. He also advised the Registrar of his race in a letter date_

January 31,1961 to the Registrar which accompanied his application.

Plaintiff sought admission to the Liberal Arts College of the University

of Mississippi for the Second Semester of the 1960-61 school year

which was to commence February 6, 1961. His application indicated

that he would be a transfer student with some advance standing and also

indicated that he expected to be classified as a sophomore. The appli
cation was received by the Registrar. Thereafter, on February 4,1961,

the Registrar advised the plaintiff by wire that applications for admis

sion or registration for the Second Semester received after January 25,

1961 were not being considered. Subsequently, on February 20, 1961,

plaintiff wrote the Registrar advising him that he would like his appli

cation considered a continuing application for the Summer Session be

ginning June 8, 1961, and requested the Registrar to inform him

whether he, the Registrar, had received all transcripts and other infor

mation necessary to make plaintiff's application a complete one, and

further requested immediate action on his application. The plaintiff

did not receive a reply to this letter. Consequently, on March 18,1961,

plaintiff again wrote the Registrar requesting that his application be

considered a continuing one for the Summer Session and for the Fall

Session 1961 and again requested the Registrar to advise plaintiff of

the completeness and status of his application. Again, the plaintiff did

not receive a reply. On March 26, 1961, the plaintiff again wrote the

Registrar requesting that he send plaintiff an evaluation of his credits

as a transfer student and advise him of the extent to which his credits

would be applied toward the degree sought by plaintiff in the College of

Liberal Arts. With this letter, the plaintiff also forwarded to the Reg

istrar five letters from five persons, citizens and residents of M ississ

ippi, certifying to the plaintiff's good moral character and recommend

ing his admission to the University. In connection with his original

application, the plaintiff did furnish five such letters which did not spe

cifically recommend his admission to the University as required by the

University of Mississippi Bulletin but did attest to his good moral char

acter, Plaintiff did not receive a reply to this letter. Thereafter, on

April 12, 1961, plaintiff wrote a letter to defendant Arthur Beverly

Lewis, Dean of the College of Liberal Arts to which plaintiff seeks ad

mission, reviewed the steps taken by plaintiff to secure admission to

the University, and complained of the Registrar's failure to reply to

his application and several letters and stated that he, plaintiff, believ

ed the Registrar's failure to reply was based upon race and color.

Plaintiff requested the Dean to review his case with the Registrar and

to advise him what admission requirements, if any, he had failed to

meet and to give him some assurance that his race and color were not

the basis for his failure to gain admission to the University. The de

fendant Dean did not reply to this letter. However, on May 9, 1961,the

Registrar wrote plaintiff and advised him that he, the Registrar, had

seen plaintiff's letter of April 12, 1961 to the Dean and advised plaintiff

that his application had been received and would receive proper atten

tion. The Registrar further advised plaintiff that transcripts of credits

from the colleges listed on the plaintiff's application (the colleges pre

viously attended by plaintiff) had been received and that each showed a

certificate of honorable dismissal or certification of good standing in

accordance with the admission requirements. The Registrar advised

p laintiff, in addition, that in accordance with the standards of the Uni

versity of Mississippi plaintiff would receive a maximum credit of forty

eight semester hours if his application for admission as a transfer

student should be approved, and that Plaintiff offered a total of ninety

semester hours credit obtained at other colleges, including Jackson

State College, In his letter of May 9, 1961, the Registrar also request

ed plaintiff to advise whether he desired his application "to be treated as

a pending application. " The plaintiff replied to this letter on May 15,

1961 and advised that he desired his application to be treated as a pend

ing application for admission to the Summer Session# First Term, June

1961, and requested the Registrar to advise him whether there was any

thing further the plaintiff needed to do in order to complete his applica

tion. Plaintiff did not receive a reply to this letter. Thereafter, on

May 21, 1961, plaintiff again wrote the Registrar requesting information

as to the status of his application so that he could make plans for attend

ing the Summer Session. On May 26, 1961, plaintiff wired the Regis

trar requesting that he be advised whether he would be admitted to the

Summer Session. On the same date, plaintiff received a special deliv

ery letter from the Registrar denying plaintiff’ s admission on the ground

that plaintiff attended a non-accredited college and on the ground that he

did not have the required citizen alumni certificates, and on other un

disclosed grounds.

9. Applications for admission to the College of Liberal Arts of

the University of Mississippi, to which plaintiff seeks admission, are

submitted to the Registrar. The Bulletin of the University of Mississip

pi requires each applicant to file with the Registrar five letters from
responsible citizens who have known the applicant for at least two years,

certifying to the applicant's good moral character and recommending

his admission to the University. An applicant who resides in M ississi

ppi must be recommended by citizens of his county who are University

alumni, but applicants who reside in another state may secure the nec

essary recommendations from any five responsible citizens of his com

munity. Plaintiff is not able to secure recommendations by citizens of

his county who are University alumni for the reason that plaintiff is a

Negro citizen and resident of the State of Mississippi and there are not

now and never have been any Negro graduates of the University of Miss

issippi, a fact of common and historical knowledge recognized by the

laws of Mississippi cited above establishing separate institutions of

higher learning for Negroes. The plaintiff does not know any white

alumni of the University of Mississippi who would recommend his ad

mission in view of the segregation policy complained of herein and the

State's official opposition to desegregation. Plaintiff alleges that the

alumni certification requirement is unconstitutional as applied to him

and other Negroes for the reason that it places a burden on Negroes

seeking admission to the University of Mississippi which is not shared

by white residents seeking admission to the University of Mississippi.

The plaintiff alleges that the alumni certification requirement is uncon

stitutional because in operation and effect it bars the admission of

qualified Negroes to the University of Mississippi solely because they

are Negroes.
10. Plaintiff alleges that he meets all of the requirements for

admission to the University of Mississippi as a transfer student; that

he is ready, willing and able to pay all fees and tuition charges requir

ed of all other students; and that he is ready, willing and able to abide

by all rules and regulations of the University of Mississippi which are

applicable to white students similarly situated.

11. Plaintiff alleges that defendants, and each of them, have

pursued and are presently pursuing a state policy, state practice, state

custom and state usage of maintaining and operating separate state in

stitutions of higher learning for the White and Negro citizens of Miss

issippi. The institutions of higher learning limited by policy practice,

custom and usage to white students are; the University of Mississippi,

Mississippi State College, Mississippi State College for Women, Miss

issippi Southern College, and Delta State Teachers College. The state

institutions of higher learning limited by defendants to Negro students

are: Jackson State College, the college attended by plaintiff during the

past school year, Alcorn Agricultural and Mechanical College, and

Mississippi Vocational College. Plaintiff alleges, on information and

belief, that pursuant to said policy, practice, custom and usage, plain

tiff's application was not treated in the same manner as applications of

white persons for admission to the University of Mississippi; that

plaintiff was not advised promptly concerning the status of his applica

tion or his ability or inability to meet requisite admission require

ments; that plaintiff was never advised by the defendant Dean of the

College of Liberal Arts, as requested by plaintiff, that plaintiff's race

and color would not be considered by the University in passing upon his

application and would not operate to bar his admission to the University

of Mississippi; and that an applicant for admission to the University of

Mississippi is required to state his or her race upon the application

blank and this information is used to prevent the unwitting admission of

Negroes. In this case, the plaintiff in making application to the Univer

sity plainly stated his race and stated his race in his letter to the de

fendant Registrar which accompanied plaintiff’s application. Plaintiff

alleges, on Information and belief, that the policy of the State of M iss

issippi as clearly understood and interpreted by its officials and resi

dents is that Negroes and whites are educated in separate institutions

of higher learning. Pursuant to this policy Negroes do not generally ap

ply for admission to the University of Mississippi or other institutions

of higher learning maintained and operated for white persons only, al

though many Negro citizens and residents of the State of Mississippi are

qualified by prior requisite education, citizenship and residence for ad

mission to such institutions. Plaintiff alleges, on information and be

lief, that he has not been accepted as a transfer student to the University

of Mississippi pursuant to said policy, practice, custom and usage and

had been denied admission solely because of his race and color.

12. Plaintiff alleges that the policy, practice, custom and usage

complained of herein has resulted and will continue to result in irrepar

able injury to him. Plaintiff has no other adequate or speedy remedy at

law by which his right to attend the University of Mississippi for the

1961 Summer Session may be secured, except by this action for de

claratory judgment and injunction. Any other remedy to which plain

tiff might be remitted would be attended by such uncertainties and de

lays, in view of the state policy, practice, custom and usage complain

ed of herein, as to result in further irreparable injury to the plaintiff

and members of his class.

WHEREFORE, plaintiff prays that this Court will advance this

case on the docket and order a speedy hearing of this cause and will

grant the following relief:

1. Issue a temporary restraining order without notice, a pre

liminary injunction and a permanent injunction, enjoining the defend

ants, and each of them, their agents, servants, employees, success

ors, attorneys, and all persons in active concert and participation with

them, from:

(a) refusing to act expeditiously upon the applications of

plaintiff and members of his class for admission to the University of

Mississippi, or any other state institution of higher learning presently

limited to white students;

(b) refusing to expeditiously advise plaintiff and members

of his class of the status of their applications for admission and of the

requirements for admission which they fail to meet;

certificates from alumni of the University of Mississippi?
(d) refusing to admit the plaintiff and members of his class

to the University of Mississippi or any other state institution of higher

learning presently limited to white students upon the same terms and

conditions applicable to white students;

(e) making the attendance or matriculation of plaintiff and

members of his class at any state institution of higher learning condi

tioned upon terms and conditions not applicable to white students sim

ilarly situated, and

(f) interfering in any manner with the right of plaintiff and

members of his class to register at, matriculate in, or attend the Uni

versity of Mississippi or any other state institution of higher learning

limited to white students;

(g) taking any action or doing any act which will impair,

frustrate, or defeat the orders of this Court securing plaintiff's rights

or the rights of members of his class.

2. Issue a declaratory judgment declaring the rights and other

legal relations of the parties to this action which will have the force

and effect of a final judgment.

3. Grant the plaintiff his costs herein, and grant him such other,

further, additional, or alternative relief as may appear to be required

to secure his admission to the University of Mississippi without regard

to his race and color.

/S / R. Jess Brown
R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

/S / Constance Baker Motley______ _
Constance Baker Motley
Thurgood Marshall
10 Columbus Circle
New York 19, New York

Attorneys for Plaintiff

Derrick A. Bell, Jr.
Of Counsel

V E R I F I C A T I O N

State of Mississippi)
) SS.:

County of Hinds )

James Howard Meredith, being duly sworn, deposes and says

that he resides at 1129 Maple Street, Apartment 5-D, Jackson, Miss

issippi; that he is the plaintiff herein; that he has read the foregoing

complaint and knows the contents thereof and that the same are true

to the best of his knowledge and belief except as to the matters therein

stated to be alleged on information and belief, and as to those matters

he believes them to be true.

/S / James H Meredith_____ __

Sworn to before me this 31

day of Mav , 1961. /S / Margaret A. Lewis ..........
Notary Public
My commission expires April 2,1962

(SEAL)
H e * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF MOTION
(Title omitted - Filed May 31, 1961)

PLEASE TAKE NOTICE that the undersigned attorneys for

plaintiff will bring on for hearing before United States District Judge

Sydney C. Mize, at the United States Court House, Biloxi, Mississippi,

on the 12th day of June, 1961, at 9;00 o ’clock A. M ., in the forenoon

of that day, or as soon thereafter as counsel can be heard, the attach

ed motion for preliminary injunction, pursuant to the provisions of

Rule 65 F. R. C. P.

/S / R. Jess Brown
R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

/S / Constance Baker Motley
Constance Baker Motley
10 Columbus Circle
New York 19, New York

Thurgood Marshall
10 Columbus Circle
New York 19, New York

MOTION FOR TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION
(Title Omitted - Filed May 31, 1961)

The plaintiff, upon the annexed verified complaint, moves this

Court for a temporary restraining order without notice, and a prelim

inary injunction, pending the final disposition of this case, and, as

grounds therefor, relies upon the allegations of his verified complaint

and shows the following;

1. The Summer Session of the College of Liberal Arts of the

University of Mississippi commences on June 8, 1961.

2. Plaintiff has sought admission to the University of Mississip

pi since January 31, 1961, and was not clearly denied admission by

the Registrar of the University until May 26, 1961, the day on which

plaintiff received a special delivery letter from the Registrar advising

plaintiff that his admission is denied on the ground that he has attended

a non-accredited college and on the ground that he did not furnish the

proper certificates by citizens of Mississippi and on other undisclosed

grounds.

3. Jackson State College, the college which plaintiff attended

during the school year 1960 - 1961, is a state college under the juris

diction, management and control of the defendant Board of Trustees of

State Institutions of Higher Learning, the same as the University of

Mississippi. The Registrar advised plaintiff by letter dated May 9,

1961, that he would receive 48 hours credit for previous college work

in accordance with University standards.

4. Plaintiff furnished certificates by 5 citizens of Mississippi

attesting to his good moral character and recommending his admission

to the University of Mississippi, but none was an alumnus of the Uni

versity of Mississippi since plaintiff does not know any such alumni

personally and no Negro has ever attended the University of Mississip

pi.

5. Plaintiff has been denied admission to the University of

Mississippi solely because of his race and color. He has sought ad

mission since the February 1961 term. He is duly qualified for admis

sion as a transfer student as the letter of May 9, 1961, from the Reg

istrar clearly indicates. He made a timely and proper application for

admission as a transfer student. The registrar has not advised him

that he is in any other respect unqualified for admission as a transfer

student although the Registrar has had plaintiff’s application since

approximately February 1, 1961, and has acknowledged that plaintiff’ s

transcripts of credits from other accredited universities attended by

plaintiff have been duly received by him, the Registrar, and contain the

required certificate of honorable dismissal and eligibility for readmis

sion.

6. There is not sufficient time in which to give the required no

tice to each defendant before a hearing can be had on plaintiff’ s motion

for preliminary injunction and further irreparable injury and damage

will result to plaintiff before that time.

7. The law is well settled that state authorities cannot exclude

qualified Negro applicants from state universities of higher learning

solely because of race and color. This case does not raise any novel

or unsettled questions of law or fact.

8. The Summer Session of the University of Mississippi com

mences June 8, 1961. There is no time to appeal to higher university

officials or to exhaust any other remedy before that date. The plain

tiff is twenty-eight years of age; has an honorable discharge from the

United States Air Force; is entitled to an education at the expense of

the Federal Government because of his long years of service; and is

attempting, in good faith, to complete his education at the earliest

possible time and, therefore, wishes to go to college during the sum

mer terms as well as during the regular fall and winter terms in order

to complete his education as early as possible. Time lost now will be

irreparable and irrevocably lost to the plaintiff unless this Court issues

a temporary restraining order without notice and a preliminary Injunc

tion as prayed for in the complaint.

WHEREFORE, plaintiff prays that this Court issue a temporary

restraining order without notice and a preliminary injunction, pending

the final disposition of this cause, enjoining the defendants, and each of

them, their agents, servants, employees, attorneys, successors, and

all persons in active concert and participation with them from:

(a) refusing to admit the plaintiff to the University of Mississippi

for the Summer Session commencing June 8, 1961, upon the same terms

and conditions applicable to white students;

(b) making the attendance or matriculation of plaintiff condition

ed upon terms and conditions not applicable to white students similarly

situated, and

ister at, matriculate in, or attend the University of Mississippi;

(d) taking any action or doing any act which will defeat, impair,

or frustrate plaintiff’s rights as defined by this Gourt or which will

defeat, impair or frustrate any order of this Court securing plaintiff's

right.

Plaintiff also prays that this Court will grant the plaintiff his

costs herein and grant him such other, further, necessary or addition

al relief as may appear to a court of equity to be required to secure his

admission to the University of Mississippi without regard to his race

and color.

/S / R. Jess Brown______ _______
R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

/S / Constance Baker Motley
Constance Baker Motley
Thurgood Marshall
10 Columbus Circle
New York 19, New York

Attorneys for Plaintiff

*****

MOTION FOR ORDER REQUIRING THE
DEFENDANT REGISTRAR TO APPEAR
FOR THE TAKING OF HIS DEPOSITION
( Title omitted - Filed June 5, 1961)

Comes now the plaintiff, by his undersigned attorneys, and moves

this Court for an order pursuant to the provisions of Rule 26, Federal

Rules of Civil Procedure, requiring the defendant Registrar, Robert

Byron Ellis, to appear in Jackson, Mississippi on the 9th day of June,

1961 at o 'clock A, M ., in the forenoon of that day for the pur

pose of having his oral deposition taken by the plaintiff's counsel, and

as grounds therefor, shows the following:

1» The complaint in this action was filed on May 31, 1961 alleg

ing, in essence, that the plaintiff has been denied admission to the Uni

versity of Mississippi by the defendant Registrar, and others, solely

on account of race and color.

2. With the complaint, plaintiff filed a motion for a preliminary

injunction which this Court set for hearing at Biloxi, Mississippi on

June 12th.

3. In a letter to plaintiff, dated May 26, 1961, the Registrar ad

vised plaintiff that he was denied admission because he has attended

Jackson State College, a non-accredited institution, and because he did

not have proper certificates from Mississippi citizens, and for other

undisclosed reasons.

4. The Federal Rules of Civil Procedure, Rule 26, provide that

a party may make pre-trial or pre-hearing discovery. The plaintiff de

sires to discover what other reasons the Registrar has for denying

plaintiff’ s application for admission to the University of Mississippi be

fore the hearing on plaintiff's motion for preliminary injunction on

June 12, 1961.

5. There is not sufficient time to take the Registrar’s deposition

without an order from this Court since 20 days from the filing of the

complaint have not elapsed.

/S / R. Jess Brown
R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

/S / Constance Baker Motley
Constance Baker Motley
10 Columbus Circle
New York 19, New York

Thurgood Marshall
10 Columbus Circle
New York 19, New York

Attorneys for Plaintiff

ORDER TO SHOW CAUSE
(Title omitted - Filed June 5, 1961)

Upon the verified complaint filed in this case on the 31st day of

May 1961, and the motion for preliminary injunction filed therewith,

and the oral application this day made by the plaintiff, for authority to

take the deposition of Robert Byron Ellis, it is:

ORDERED, that a hearing be had on the motion Meridian Miss

at 1:00 P. M ., on the 6th day of June 1961, or as soon there

after as counsel can be heard, to determine if an order should be is

sued by this Court requiring the defendant to appear in Jackson, Miss

issippi on June 9, 1961 at the United States Court House before a duly

authorized court reporter for the purpose of having his deposition

taken by the plaintiff*s counsel.

ORDERED, that service of this order to show cause, together

with a copy of plaintiff's motion attached hereto, on the Attorney Gen

eral of the State of Mississippi, counsel for defendant Registrar, on

or before 6:00 P. M ., Monday, June 5, 1961 be deemed suffi

cient service.

Issued at 2:00 P. M ., June 5th 1961.

/S / S. C. Mize_______ __
United States District Judge

O. B. 1961, Pages 226 & 227.

NOTICE OF TAKING DEPOSITIONS
(Title omitted - Filed June 6, 1961)

TO: ATTORNEYS FOR THE PLAINTIFF

R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

Constance Baker Motley
10 Columbus Circle
New York 19, New York

Thurgood Marshall
10 Columbus Circle
New York 19, New York

DEFENDANTS

Mr. Charles Dickson Fair
Louisville
Mississippi

Dr. Euclid Eay Jobe
Jackson
Mississippi

Mr. Edgar Ray Izard
Hazlehurst
Mississippi

Mr. Ira Lamar Morgan
Oxford
Mississippi

Mr. Malcolm Mette Roberts
Hattiesburg
Mississippi

Mr. William Orlando Stone
Jackson
Mississippi

Mr. S. R. Evans
Greenwood
Mississippi

Dr. Verner Smith Holmes
McComb
Mississippi

Mr. James Napoleon Lipscomb
Macon
Mississippi

Mr. Tally D. Riddell
Quitman
Mississippi

Mr. Harry Gordon Carpenter
Rolling Fork
Mississippi

Mr. Robert Bruce Smith, II
Ripley
Mississippi

Mr. Thomas Jefferson Tubb
West Point
Mississippi

Dr. J. D. Williams
University of Mississippi
Oxford, Mississippi

Dr. Arthur Beverly Lewis
Dean of the College of Liberal Arts
University of Mississippi
Oxford, Mississippi

Mr. Robert Byron Ellis
Registrar
University of Mississippi
Oxford, Mississippi

BOARD OF TRUSTEES OF THE STATE INSTITUTIONS OF
HIGHER LEARNING

WOOLFOLK STATE OFFICE BUILDING
JACKSON, MISSISSIPPI

You will please take notice that the Defendant, LEON LOWREY,

Olive Branch, Mississippi, and M, M. ROBERTS of Hattiesburg,

Mississippi will take the deposition, by oral examination, pursuant

to the provisions of the Federal Rules of Civil Procedure, of the Plain

tiff, JAMES H. MEREDITH, in the Petit Jury Room of the Federal

Court Building in Meridian, Mississippi, at eleven o ’clock A. M .,

8 June 1961. The deposition will be taken before an officer duly

qualified to administer oaths.

LEON LOWREY, DEFENDANT

JOE T. PATTERSON, ATTORNEY GENERAL
OF THE STATE OF MISSISSIPPI, DUGAS
SHANDS, ASSISTANT ATTORNEY GENERAL
OF THE STATE OF MISSISSIPPI, PETER M.
STOCKETT, JR ., SPECIAL ASSISTANT
ATTORNEY GENERAL OF THE STATE OF
MISSISSIPPI, AND EDWARD L. CATES,
ASSISTANT ATTORNEY GENERAL OF THE
STATE OF MISSISSIPPI, ATTORNEYS FOR

ALL OF THE DEFENDANTS

BY Duaas Shands________________ ___
DUGAS SHANDS, ASSISTANT ATTORNEY
GENERAL OF THE STATE OF MISSISSIPPI,
ONE OF THE ATTORNEYS FOR ALL OF THE
DEFENDANTS

ATTORNEYS' S CERTIFICATE

I, Dugas Shands, Assistant Attorney General of the State of

Mississippi, one of the attorneys in the above captioned matter for all

of the Defendants and the Defendant, LEON LOWREY, do hereby cer

tify that I have this day served upon the Plaintiff, JAMES H.MERE^

DITH, a true and correct copy of the foregoing Notice of the Taking of

the Deposition of the Plaintiff, JAMES H. MEREDITH, by personally

serving two copies of the said notice upon R. Jess Brown, one of the

attorneys of record for the Plaintiff at Jackson, Mississippi, and I

hereby further certify that I have served upon all of the other Defen

dants true and correct copies of the foregoing Notice of the Taking of

the Deposition of the Plaintiff, JAMES H. MEREDITH, by mailing

postage prepaid true copies of the said Notice to all of the Defendants

except LEON LOWREY.

Done this the 5th day of June, 1961.

/S / Duaas Shands _________
DUGAS SHANDS, ASSISTANT ATTORNEY
GENERAL OF THE STATE OF MISSISSIPPI,

’ ONE OF THE ATTORNEYS FOR ALL OF THE
DEFENDANTS

PLAINTIFF' ,3 OBJECTION TO TAKING
OF DEPOSITION
(Title omitted - Filed June 6* 1961)

Comes now the plaintiff, by his undersigned attorneys, and ob

jects to the taking of his deposition pursuant to notice served upon his

attorneys on June 5, 1961 by defendant, Leon Lowrey. Defendant,

Leon Lowrey proposes to take plaintiff’ s deposition at Meridian, M iss

issippi, on June 8, 1961. As grounds for his objection plaintiff shows

the following:

1. 20 days have not elasped since the filing of plaintiffs com

plaint and pursuant to provision of R. 26, FRCP, an order of this

court must be entered before the taking of plaintiff’ s deposition.

2. The plaintiff objects to the taking of his deposition in Merid

ian, Mississippi and offers to have his deposition taken before a duly

qualified reporter in Jackson, Mississippi, where he resides, on

June 9, 1961, at 2:00 o ’clock p. m ., in the UNITED STATES COURT

HOUSE, at the expense of defendant Lowery, before a duly sworn

authorized court reporter.

R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

Constance Baker Motley
10 Columbus Circle
New York 19, New York
By:
/ s / R. Jess Brown_________
R. Jess Brown, One of the
Attorneys for the Plaintiff

Thurgood Marshall
10 Columbus Circle
New York 19, New York

Attorney's Certificate

I, Pv. Jess Brown, one of the attorneys for the Plaintiff in the

above styled and numbered cause, do hereby certify that I have served

upon the defendant, Leon Lowrey, a true and correct copy of the fore -

going objection to taking deposition of plaintiff, by personally serving

two copies of said objection upon Honorable Dugas 3hand_, one of the

attorneys of record for said defendant and others in said cause.

R. Jess Brown_____________
R. Jess Brown, One of the
Attorneys for Plaintiff
on behalf of himself and others
similarly situated

O R D E R
(Title omitted - Filed June 3, 1961)

This day came on to be heard plaintiff's motion for leave or or

der of this Court to take the deposition of Robert Byron Ellis, one of

the defendants and Registrar of the University of Mississippi, on June 9,

1961, at Jackson, Mississippi, and it appearing to the Court that this

suit was filed on May 31, 1961, that the notice of the presentation of

such motion was served upon one of the attorneys of record of said de

fendant between the hours of 5 o'clock and 6 o'clock P. M. on Monday,

June 5, 1961, and the said parties plaintiff and defendant, Ellis, having

each appeared in open Court by an attorney of record and announced

ready on said motion, and the said Ellis opposed the granting of said

motion, and the Court having read and considered said motion, and the

pleadings heretofore filed, and having heard arguments of counsel, and

being fully advised in the premises, it is considered by the Court and

the Court doth hereby order, adjudge and decree that said motion be

and the same is hereby denied,

Ordered, adjudged and decreed at Meridian, Mississippi, this

the 6th day of June, 1961.

/ s / S, C, Mize_____________
S. C. Mize, U. S. District Judge
Southern District of Mississippi

OK as to Form:

/ s / Constance Baker Motley
Attorney for Plaintiff

O. B. 1961, Page 232 & 233

O R D E R
(Title omitted - Filed June 8, 1961)

This day came on to be heard plaintiff’s written objection to the

taking of the deposition of the plaintiff, James H. Meredith, at Merid

ian, Mississippi, at 11 o ’clock A. M. on June 8, 1961, in the petit jury

room on the third floor of the Federal Court Building, by and on behalf

of two of the defendants, M. M. Roberts and Leon Lowrey, and it

appearing to the Court that notice of the taking of said deposition was

served by personally delivering two true copies thereof to R. Jess

Brown, one of the attorneys of record for the said plaintiff at Jackson,

Mississippi, between the hours of 5 o'clock and 6 o'clock P. M. on

Monday, June 5, 1961, and said plaintiff and said defendants having

appeared in open Court and announced ready, and the Court having read

and considered said notice and plaintiff's written objection thereto, and

the pleadings heretofore filed, and having heard argument of said coun

sel thereon, and being fully advised in the premises, it is considered

by the Court and the Court doth hereby order, adjudge and decree that

plaintiff's objection to the taking of said deposition be and the same is

hereby overruled, and the said deposition of said plaintiff shall be tak

en according to said notice, but the said defendants shall pay to the said

plaintiff mileage from Jackson, Mississippi, to Meridian, Mississippi,

at the rate of ten cents (10$) per mile and Five Dollars ($5.00) per day

for subsistence, and which shall be paid upon presentation by the plain

tiff or his attorney of record of a written statement showing the amount

of such mileage and said subsistence.

Ordered, adjudged and decreed, this the 6th day of June, 1961.

/ s / S. C. Mize______________________
S. C. Mize, U. 8. District Judge
Southern District of Mississippi

OK as to Form:
/ s / Constance Baker Motley
Attorney for Plaintiff
O.B. 1961, Page 234 & 235

MOTION FOR PRODUCTION
(Title omitted - Filed June 20, 1961)

Plaintiff, James Howard Meredith, moves the Court for an order

requiring defendants Charles Dickson Fair, et a l . :

1. To produce and to permit plaintiff's counsel or such per

sons as plaintiff's counsel shall employ for that purpose, to inspect and

to copy all records, including correspondence, papers, applications,

memoranda and all other documents and reports relating to the appli

cation and admission of each student to the University of Mississippi

for the:

a. Second Semester of the 1960-1961 school year;

b. the Summer Sessions (First and Second) of the 1961

school year;

c. Fall Semester of the 1961-1962 school year.

2. To permit plaintiff to enter the premises and proper

buildings of the University of Mississippi located in Oxford, Mississip

pi, or at any other place within the State of Mississippi, for the pur

pose of inspecting and copying those records and documents set forth

in Paragraph 1 above.

Defendants have the possession, custody, or control of each of

the foregoing records and documents. Each of them constitutes or con

tains evidence relevant and material to a matter involved in this action,

as is more fully shown in Exhibit A hereto attached.

/ s / Derrick A. Bell Jr.
Derrick A. Bell, Jr.
Constance Baker Motley
Thurgood Marshall
10 Columbus Circle
New York 19, N. Y.

R. Jess Brown
1105 1/2 Washington Street
Vicksburg, Mississippi

Attorneys for Plaintiff

NOTICE OF MOTION

Please take notice, that the undersigned will bring the above

motion on for hearing before this Court at the United States Court

House, Biloxi, Mississippi, on the 2Sth day of June, 1961, at 10 o'clock

in the forenoon of that day, or as soon thereafter as counsel can be

heard.

/ s / Derrick A Bell Jr.
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

1
JAMES HOWARD MEREDITH, on behalf of )
himself and others similarly situated, )

)
Plaintiff, }

) Civil Action
v* > No. 3130

CHARLES DICKSON FAIR, President of the )
Board of Trustees of State Institutions )
of Higher Learning of the State of )
Mississippi, Louisville, Mississippi, )
et a l . , )

)
Defendants. )

_______________________________________ _________________)

AFFIDAVIT IN SUPPORT OF MOTION FOR PRODUCTION OF

DOCUMENTS

Exhibit A

STATE OF NEW YORK )
) ss:

COUNTY OF NEW YORK )

Constance Baker Motley, being duly sworn, deposes and

says:

1. I am one of the attorneys for the plaintiff, James Howard

Meredith, and make this affidavit in support of a motion for discovery

and inspection.

2. The defendants, including the Chancellor, the Registrar

and the Dean of the College of Liberal Arts of the University of M iss

issippi are officers of the University and have in their possession, cus

tody or control, all the records and documents requested in the plain

tiff's motion for discovery.

3. The suit seeks an injunction against the defendants en

joining them from denying to plaintiff an education at the University of

Mississippi solely on account of race and color.

4. After receiving the plaintiff's application for admission

to the University on or about February 1, 1961, the defendant Regis

trar in a telegram on February 4, 1961, informed plaintiff that:

"it has been found necessary to discontinue
consideration of all applications for
admission or registration for the second
semester which were received after January
25, 1961."

5. Then on May 26, 1961, the defendant Registrar advised

plaintiff that he was denied admission because he has attended Jackson

State College, a non-accredited institution, and because he did not have

proper certificates from Mississippi citizens, and for other undisclosed

reasons.

6. It is the plaintiff's belief that plaintiff has met all consti

tutionally required eligibility requirements for entrance to the Univer

sity of Mississippi, that his qualifications are substantially similar to

many persons admitted to the University, and that the sole reason for

his exclusion is race or color.

7. This case has been set for trial on July 10, 1961.

8. Each of the applications, letters, memoranda, books,

records and other documents pertaining to the application of students

to the University during the Second Semester of the 1960-1961 school

year, and the Summer Session of the 1961 school year and Fall Session

of the 1961-1962 school year constitutes or contains evidence relevant

and material to one or more of the issues in this action, in that:

(a) they will enable plaintiff to determine whether any

students were accepted by the University of the Second Semester 1960-

1961 school year after January 25, 1961;

(b) they will enable plaintiff to determine whether all

white students submitted certificates of recommendation from five

alumni, and what, if any, procedures were used to help those students

who did not know alumni who would provide such certificates;

University accepted white transfer students from white schools which

are unaccredited.

/ s / Constance Baker Motley
Constance Baker Motley

Sworn to before me on this

19th day of June . 1961.

/ s / Marjorie H. Doswell
Notary Public

Marjorie H. Doswell
Notary Public, State Of New York

N o.31-6082800
Qualified in New York County
Commission Expires March 30, 1962

(This instrument carries proper certificate of service - which is not
copied here.)

>;<5S5s)c 4:;!i

NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION
(Title omitted - Filed June 23, 1961)

To the Honorable Dugas Shands, Assistant Attorney General of

the State of Mississippi, one of the attorneys for the defendants in the

above named action:

Please take notice that the plaintiff herein will take in the above-

entitled action, to be used as authorized by the Federal Rules of Civil

Procedure, the deposition of Robert B .Ellis, Registrar of the Univer

sity of Mississippi, whose address is the University of Mississippi,

Oxford, Mississippi, upon oral examination, before Mr. D. Jordan, the

Official Court Reporter for the United States District Court for the

Southern District of Mississippi, who is not of counsel or attorney for

either of the parties to this action, nor a relative or employee of such

counsel or attorney, nor financially interested in this cause, on the

30th day of June, 1961, at 10:00 o ’clock in the forenoon of that day, in

the Grand Jury Room on the third floor of the United States Courthouse

in Biloxi, Mississippi, at which time and place you are hereby notified

to appear and take such part in said examination as you may be advised

and as shall be fit and proper.

Please take further notice that the above designated party, Robert

B. Ellis, Registrar of the University of Mississippi, is hereby requir

ed to produce upon such examination the following records, papers and

documents:

1. The application for admission to the University of Mississippi

of the plaintiff, James Howard Meredith, and all papers and writings

attached thereto.

2. All correspondence between the Registrar and the plaintiff,

James Howard Meredith.

3. All correspondence and memoranda between the Registrar

and other officials, faculty and employees in regard to the plaintiff.

4. All transcripts and other written documents received by the

Registrar from colleges previously attended and presently attended by

plaintiff.

/ s / Constance Baker Motley
Constance Baker Motley
10 Columbus Circle

June 22, 1961 New York 19, New York

Attorney for Plaintiff
***>!<*

MOTIONS OF DEFENDANT, ROBERT B.ELUS, REGISTRAR
OF THE UNIVERSITY OF MISSISSIPPI, TO VACATE
PLAINTIFF'S NOTICE OF TAKING HIS DEPOSITION,
AND THE TAKING THEREOF, AND TO SUSPEND OR

STAY THE TAKING OF SUCH DEPOSITION._________
(Title omitted - Filed June 27, 1961)

Now comes one of the defendants in this cause, Robert B. Ellis,

Registrar of the University of Mississippi, pursuant to Rule 30 A and B

of the Federal Rules of Civil Procedure, and without waiving any right,

privilege or immunity which he has or may have in this cause and upon

the face of the record in this cause and the matters herein set out, and

moves the Court to (1) vacate and set aside plaintiff’s notice and the

taking of this defendant’s deposition thereunder, in accord with which

plaintiff proposes to take said deposition, and to set the hearing on de

fendant’ s foregoing motion for a later date, and further moves the

Court (2) to enter an order, as an emergency matter, suspending or

staying the taking of said deposition on June 30, 1961, as noticed by

plaintiff, and for grounds thereof say:

1. On June 22, 1961, plaintiff through one of his counsel mailed

a notice addressed to Dugas Shands, Assistant Attorney General of the

State of Mississippi, one of the attorneys for the defendants in this

cause, that plaintiff proposed to take the deposition of said Robert B.

Ellis at ten o ’clock A, M. on June 30, 1961, in the Grand Jury Room on

the third floor of the United States Court House in Biloxi, Mississippi.

Said notice was sent by airmail special delivery and received by said

Dugas Shands on June 23, 1961.

2. This action is now in the process of being tried by this Court

upon plaintiff’ s motion for a temporary injunction. On June 12, 1961,

plaintiff elected to prosecute his motion for a temporary injunction by

producing oral testimony thereon. Plaintiff had subpoenaed said Ellis

as a witness in such prosecution and called and placed him on the stand

under oath as an adverse witness and proceeded to examine Mm. Upon

certain objections being made by the defendants, which were sustained

by the Court, plaintiff through his counsel withdrew the said Ellis from

the stand and placed thereon the plaintiff Meredith and said counsel con

ducted her direct examination of him, all as shown by said record.

Dugas Shands, one of the attorneys for defendant proceeded to cross-

examine plaintiff, and such cross-examination has not been completed

and the said Meredith is still, proceeding-wise, on the stand in the

course of said cross-examination. Under the circumstances reflected

by the record, the said hearing was recessed.

3. Upon the record in this cause, the taking of the deposition of

said Ellis is neither contemplated, permitted or authorized by the Fed

eral Rules of Civil Procedure, and to permit same would interupt the

orderly process of the proceeding in this cause and constitute a grave

injustice, oppression or annoyance to said Ellis, and in fact to the

other defendants herein.

4. Defendant is advised and believes that counsel for plaintiff is

scheduled in attendance in deposition proceedings in another case in

which they represent the plaintiffs in Biloxi, Mississippi, on Thursday,

June 29, 1961, and which proceedings are now scheduled to be carried

on June 29 and 30.

5. Attorneys for said Ellis and the other defendants have been

and are as diligent as humanly and physically possible in and about the

handling and preparation of this cause and other causes in this Court

for which they are responsible as attorneys of record.

6. Dugas Shands, Assistant Attorney General of the State of

Mississippi, has been assigned and has been and is acting as leading

counsel basically responsible for the actual handling and trial of this

cause. Defendant desires that he continue to so act as said counsel

and is advised and believes that the other defendants herein likewise

desire that he be so continued.

Defendant is advised and believes that said attorney of record,

Dugas Shands is physically unable to attend a taking of this defendant’ s

deposition on said June 30, 1961, and to then and there represent this

defendant and the other defendants interested therein; defendant is fur

ther advised and believes that to require the said attorney of record to

prepare for and attending said hearing would jeopardize the health of

the said Dugas Shands, and defendant attaches hereto affidavit of said

attorney of record in support of these motions as Exhibit A hereto.

Should said deposition be taken on June 30, 1961, and said attorney

Dugas Shands not be present and actively represent him and the other

said defendants, a grave injustice would be done to this and the other

defendants and he believes that no other of his attorneys of record could

become properly acquainted with this cause in time to prepare for the

said hearing.

Defendant says that these motions are not made for delay but so
that justice may be done.

In view of the foregoing, defendant says that this motion presents

an emergency matter which should be acted upon immediately by the

Court upon presentation of these motions.

In view of the foregoing, defendant requests the Court to sustain

the motions of this defendant hereinabove set out.

Respectfully submitted.

/ s / Robert B. Ellis
ROBERT B. ELLIS, Registrar of
the University of Mississippi,
a defendant

Joe T. Patterson, Attorney General
of the State of Mississippi,
Peter M. Stockett, Jr., Special
Assistant Attorney General of the
State of Mississippi, Edward L.
Cates and Dugas Shands, Assistant
Attorneys General of the State
of Mississippi

Bv / s / Dugas Shands
DUGAS SHANDS, Assistant
Attorney General of the State

****»?£ Mississippi
EXHIBIT "A"

AFFIDAVIT

STATE OF MISSISSIPPI

COUNTY OF HINDS

This day personally appeared before me the undersigned author

ity, Dugas Shands, who after being by me first duly sworn on oath says:

I am Assistant Attorney General for the State of Mississippi and

have so been for some several years and am fifty-five years of age.

I have been assigned as and have been acting as leading counsel

basically charged with the responsibility of the handling and defense of

the defendants in the case of Meredith v. Fair, et al, Civil Action

No. 3130 upon the docket of this Court. I am in the same position with

reference to other law suits insofar as this office is concerned now

pending in this Court and one in the Northern District of Mississippi,

all of which involve important, far-reaching and complicated questions

of Constitutional law and fact. I have other immediately related official

duties to perform.

I have been and intend to continue to be as diligent as humanly

possible in and about the proper disposition, handling and progress of

the Meredith case and the other cases and duties as I am capable of.

My duties and responsibilities have necessarily required long and

intensive hours of work and effort, together with numerous trips out of

town in connection with said cases.

As a result of my heavy work load and efforts to properly dis

charge my obligations and duties in the above matters, which I am glad

to do, my physical well-being has suffered and shortly before June 16,

1961, I developed an elevation of blood pressure and hypertension, head

aches and a general intense fatigue to the extent that I was forced to

seek medical attention by my regular physician, Dr. Raymond F. Gren-

fell, m . D. of Jackson, Mississippi, and who treated me therefor. On

Friday, June 16, 1961, he required that I enter the Baptist Hospital

for treatment where I remained as a patient until shortly after noon of

June 21, 1961. While in the hospital and since then, I was and still am

under the care of Dr. Grenfell.

I recognize the importance of the Meredith suit not only to the

plaintiff but also the Gourt and the defendants. I understood and recog

nize that the answer of the defendants is due to be filed not later than on

June 28, 1961, inclusive of such motions and objections as the defen

dants might properly have to the complaint filed against them.

I believe the defendant have valid defenses to the complaint of the

plaintiff Meredith and desire only a reasonable opportunity that they be

pled and presented to this Gourt.

I believe and represent to the Gourt that my physical condition is

such that since my release from the hospital, I have been and am unable

to properly prepare the pleadings necessary to adequately present the

defenses of the defendants and to attend to the other matters mentioned

in the motions of the defendant, Robert B. Ellis, as to his deposition.

I have done my best to properly prepare the pleadings for the defendants

to file on or before June 28, but such is humanly impossible. I believe

my physical well-being will be gravely jeopardized unless the relief r e

quested by the motions to which this Affidavit is attached and made an

exhibit is granted. My said Dr. Grenfell has advised me that I am

physically unable to do the work which I know is necessary to be done

in order to prepare and file the answer of the defendants with proper

motion by June 28, 1961, and that I am physically unable to attend the

the taking of the deposition by plaintiff from the said Ellis on June 30,

1961, as noticed by the plaintiff and that I am physically unable to do

the work which I know is necessary to prepare for presentation and

present the objection of the said Ellis at the taking of his deposition on

June 30, 1961; my said doctor has advised me that my physical health

and well-being will be jeopardized if I be required to proceed to do the

things and matters relieved from which is requested by the motions to

which this Affidavit is attached unless I am given a reasonable period

of time within which to overcome my above mentioned illness and to

regain my strength and stamina. I am still weak and have not recover

ed from the condition which caused me to be placed in the hospital and

receive his care and attention.

I have done and will do my very best to accomplish as speedy a

recovery as possible under the circumstances. I regret my physical

condition is as it be, but I believe that neither the plaintiff nor the Cburt

would want me to proceed without making these facts known and having

my clients request the relief asked for in each of the motions to which

this Affidavit is attached.

I have read the motions to which this Affidavit is attached and they

are true and correct as written and the relief requested is necessary to

avoid injury to and jeopardizing my health.

In the event the Court or counsel for plaintiff desire that I furnish

a certificate from said Dr. Raymond F. Grenfell, I will be glad to do so

upon the request of the Court or counsel for Plaintiff.

/ s / Dugas Shands
Dugas Shands

SWORN TO AND SUBSCRIBED BEFORE ME this the

27th day of June, 1961.

/ s / Heber Ladner _________
SECRETARY OF STATE of the
State of Mississippi

(SEAL) My Cbmmission Expires Jan. 1964

(This instrument carries proper certificate of service which is not
copied here.)

MOTION OF DEFENDANTS FOR EXTENSION OF TIME
WITHIN WHICH TO PLEAD

(Title omitted - Filed June 27, 1961)

Without waiving or intending to waive any right, privilege or im

munity which they may have under the Federal Rules of Civil Procedure

now come all defendants in the above styled cause, and move the Court

to extend to and including July 13, 1961, the time within which defend

dants may plead to plaintiff's complaint herein filed against them just

as validly as they would have been able to do on or before June 28,1961,

and for grounds thereof would show:

1. In accord with Federal Rules of Civil Procedure and prior

direction of this Court the defendants were required to file their answer,

inclusive of any motions and objections thereto, on or before June 28,
1961.

2. Dugas Shands, Assistant Attorney General of Mississippi, is

the person who has been assigned as and who has been acting as leading

counsel for these defendants in this case, with the basic responsibility

therefor, and he and the other counsel for defendants have exercised

all due diligence in the expeditious disposition of this cause.

3. Defendants are advised and believe that the said Dugas Shands

is physically unable to properly prepare and file their pleadings and

motions in this cause on or before June 28, 1961, and that he has done

his very best so to do and that if he be required to do so in spite of his

physical condition his health and well-being will be seriously jeopardiz

ed as shown and reflected by the affidavit of the said Shands attached

hereto as Exhibit "A" and made a part hereof.

4. Defendants realize and recognize the importance of this suit

not only to the plaintiff but to the Court and to these defendants, and it

is not their desire to hinder or delay the proper disposition of this

cause, but they are forced to make this motion for an extension of time

because unless it is granted and the said Shands given a reasonable op

portunity to properly represent them they will suffer grave damage and

injustice, and they desire that he continue to handle this matter and act

for them and represent them.

5 . That the presentation of this motion to the Court and the ac

tion of the Court hereon constitutes an emergency matter in view of the

physical condition of the said Shands and that die answer, together with

the motions and objections to be properly included therein, must be

filed not later than tomorrow, June 28, 1961, under said Federal Rules

of Civil Procedure and prior direction of this Court.

6. That an extension of time to and including July 13, 1961, is

not an unreasonable extension of time as it constitutes an extension of

only fifteen (15) days.

7. No prior extension of time has been requested by or granted

to the defendants.

WHEREFORE, defendants respectfully request that this Court

consider and act upon this motion as an emergency matter and grant

the extension herein requested.

Respectfully submitted,

ALL DEFENDANTS

BY JOE T. PATTERSON, ATTORNEY
GENERAL

PETER M. STOCKET, JR.
SPECIAL ASSISTANT ATTORNEY
GENERAL
EDWARD L. CATES AND DUGAS
SHANDS

ASSISTANT ATTORNEYS GENERAL

BY / s / Duaas Shands_________ __
Dugas Shands
Assistant Attorney General

C E R T I F I C A T E

I, Dugas Shands, do hereby certify that I have this day filed the

original in the office of the Clerk of this Court at Jackson, Mississippi,

This the 27th day of June, 1961.
/ s / Dugas Shands
11 ' Dugas Shands

EXHIBIT !IA»

AFFIDAVIT

STATE OF MISSISSIPPI

COUNTY OF HINDS

This day personally appeared before me the undersigned authority

Dugas Shands, who after being by me first duly sworn on oath says: