No. 9458.

163 F.2d 265 (1947)


United States Court of Appeals District of Columbia.

Decided June 30, 1947.

Attorney(s) appearing for the Case

Messrs. Archie K. Shipe and Walter M. Bastian, both of Washington, D. C., for appellant.

Messrs. Edward F. Colladay and David Clement Colladay, both of Washington, D. C., with whom Mr. Harry F. Lerch, of Washington, D. C., was on the brief, for appellee.

Before STEPHENS, CLARK, and WILBUR K. MILLER, Associate Justices.

CLARK, Associate Justice.

This case was heard and disposed of below on motions for summary judgment filed by both parties. The case involves the administration of certain funds of The American University used to finance the Gustavus F. Swift Fellowship. The annual incumbent of the fellowship is a graduate of the appellant institution, The Garrett Biblical Institute. The actual controversy before us arose when the Board of Trustees of the University, in 1942, adopted...

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