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WICHITA FALLS JUNIOR COLLEGE DIST. v. BATTLE

No. 13967.

204 F.2d 632 (1953)

WICHITA FALLS JUNIOR COLLEGE DIST. et al. v. BATTLE et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 8, 1953.

Attorney(s) appearing for the Case

Guy Rogers, C. C. McDonald, and Thelbert Martin, Wichita Falls, Tex., for appellants.

Price Daniel, Austin, Tex., amicus curiæ.

W. J. Durham and U. Simpson Tate, Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

BORAH, Circuit Judge.

This suit for a declaratory judgment and injunctive relief was brought in the United States District Court for the Northern District of Texas by six Negro students, citizens of Texas, seeking for themselves and for all others similarly situated and qualified the right of being admitted to Hardin Junior College, a State institution which under Texas law is open to white students only.

The plaintiffs are five minor children and one adult...

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