FAUBUS v. UNITED STATES

No. 15904.

254 F.2d 797 (1958)

Orval E. FAUBUS, Governor of the State of Arkansas, General Sherman T. Clinger, Adjustant General of the State of Arkansas, and Lt. Col. Marion E. Johnson, Unit Commander of the Arkansas National Guard (Respondents), Appellants, v. UNITED STATES of America (Amicus Curiæ, Petitioner), and John Aaron, a minor, and Thelma Aaron, a minor, by their mother and next friend (Mrs.) Thelma Aaron, a feme sole, et al. (Plaintiffs), and William G. Cooper, M. D., as President of Board of Trustees, Little Rock Independent School District, et al. (Defendants), Appellees.

United States Court of Appeals Eighth Circuit.

April 28, 1958.


Attorney(s) appearing for the Case

Kay L. Matthews, Little Rock, Ark., and Thomas Harper, Fort Smith, Ark. (Walter L. Pope, Little Rock, Ark., was with them on the brief), for appellants.

Donald B. MacGuineas, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Osro Cobb, U. S. Atty., Little Rock, Ark., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee United States of America, amicus curiae.

Thurgood Marshall, New York City (Wiley A. Branton, Pine Bluff, Ark., was with him on the brief), for appellees John Aaron, et al.

Hansel Proffitt, Sevierville, Tenn., amicus curiae.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal from an order of the District Court made September 20, 1957 (filed September 21, 1957), in the action of Aaron v. Cooper, 143 F.Supp. 855, to which the appellants on September 10, 1957, had been made additional parties defendant. The order enjoined the appellants, and others under their control or in privity with them, from using the Arkansas National Guard to prevent eligible Negro children...

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