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HAWKINS v. BOARD OF CONTROL OF FLORIDA

No. 17116.

253 F.2d 752 (1958)

Virgil D. HAWKINS, v. BOARD OF CONTROL OF FLORIDA, a body corporate, and R. S. Johnson, Registrar of the University of Florida.

United States Court of Appeals Fifth Circuit.

April 9, 1958.

Attorney(s) appearing for the Case

Constance Baker Motley, Thurgood Marshall, Robert L. Carter, New York City, Francisco A. Rodriguez, Tampa, Fla., for appellant.

Richard W. Ervin, Atty. Gen. of Fla., Ralph E. Odum, Asst. Atty. Gen., John J. Blair, Asst. Atty. Gen., Tallahassee, Fla., for appellees.

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

PER CURIAM.

In the court below appellant filed a bill of complaint alleging that he was being deprived of admission to the law school of the University of Florida solely because he was of the Negro race. He moved for a preliminary injunction. This motion was regularly ordered for hearing and came on for hearing after due notice. At that hearing the District Court declined to permit appellant to introduce any evidence and...

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