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BRYAN v. AUSTIN

Civ. A. 5792.

148 F.Supp. 563 (1957)

Ola L. BRYAN, Essie M. David, Charles E. Davis, Rosa D. Davis, Vivian V. Floyd, Bee A. Fogan, Hattie M. Fulton, Rutha M. Ingram, Mary E. Jackson, Frazier H. Keitt, Luther Lucas, James B. Mays, Laura Pickett, Howard W. Shefton, Betty Smith, Leila M. Summers and Clarence V. Tobin, Plaintiffs, v. M. G. AUSTIN, Jr., as Superintendent of School District No. 7, of Orangeburg County, the State of South Carolina, and W. B. Bookhardt, Harold Felder, T. T. McEachern, Elmo Shuler and Ulmer Weeks, as the Board of Trustees of School District No. 7, of Orangeburg County, the State of South Carolina, Defendants.

United States District Court E. D., South Carolina, Charleston Division.

January 23, 1957.

Attorney(s) appearing for the Case

Lincoln C. Jenkins, Jr., Columbia, S. C., and Thurgood Marshal, Jack Greenburg, New York City, for plaintiffs.

A. J. Hydrick, Jr., and Marshall Williams, Orangeburg, S. C., Robert McC. Figg, Jr., Charleston, S. C., P. H. McEachin, Florence, S. C., D. W. Robinson, Columbia, S. C., T. C. Callison, Atty. Gen. of South Carolina and Daniel R. McLeod and James S. Verner, Asst. Attys. Gen., of South Carolina, for defendants.

Before PARKER, Chief Judge, and TIMMERMAN and WILLIAMS, District Judges.

WILLIAMS, District Judge.

This is an action by Negro school teachers against the School Superintendent and the Board of Trustees of a school district in South Carolina. Its purpose is to obtain a declaratory judgment that the South Carolina statute making unlawful the employment by the state, or by a school district of the state, of any member of the National Association for the Advancement of Colored People is unconstitutional and void and to enjoin the enforcement...

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