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BOOKER v. STATE OF TENNESSEE BOARD OF EDUCATION

No. 12775.

240 F.2d 689 (1957)

Ruth BOOKER, an Infant, by Dovie Booker, Her Mother and Next Friend, et al., Appellants, v. STATE OF TENNESSEE BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Sixth Circuit.

January 14, 1957.

Attorney(s) appearing for the Case

Robert L. Carter, New York City (J. F. Estes, B. L. Hooks, A. W. Willis, Jr., Memphis, Tenn., and Z. Alexander Looby, Nashville, Tenn., on the brief; H. T. Lockard, Memphis, Tenn., Thurgood Marshall, New York City, of counsel), for appellants.

Nat Tipton, Advocate Gen. of Tennessee, Nashville, Tenn. (George F. McCanless, Atty. Gen. of Tennessee, Allison B. Humphreys, Jr., Nashville, Tenn., on the brief), for appellees.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This case arises upon complaint of five plaintiffs, members of the colored race, praying for a permanent injunction to restrain the Board of Education of the State of Tennessee, officials of such Board, and the president and registrar of Memphis State College, from refusing to admit plaintiffs to Memphis State College solely because of their race.1 The facts are not in controversy. The findings of fact entered by...

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