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FRASIER v. BOARD OF TRUSTEES

No. 260-D.

134 F.Supp. 589 (1955)

Leroy Benjamin FRASIER, Jr., et al., v. BOARD OF TRUSTEES OF the UNIVERSITY OF NORTH CAROLINA et al.

United States District Court M. D. North Carolina.

Decided September 16, 1955.

Attorney(s) appearing for the Case

C. O. Pearson, William A. Marsh, Jr., J. H. Wheeler, F. B. McKissick, E. H. Gadsden and M. E. Johnson, Durham, N. C., for plaintiffs.

William B. Rodman, Jr., Atty. Gen., N. C., and I. Berverly Lake, Asst. Atty. Gen., N. C., for defendants.

Before SOPER and DOBIE, Circuit Judges, and HAYES, District Judge.

SOPER, Circuit Judge.

This suit seeks a declaratory judgment that certain orders of the Board of Trustees of the Consolidated University of North Carolina, which deny admission to the undergraduate schools of the institution to members of the Negro race, are in violation of the equal protection clause of the 14th Amendment of the Constitution of the United States. The plaintiffs also ask for an injunction restraining the University and its trustees and officers from...

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