DIXON v. ALABAMA STATE BOARD OF EDUCATION

No. 18641.

294 F.2d 150 (1961)

St. John DIXON et al., Appellants, v. ALABAMA STATE BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 4, 1961.


Attorney(s) appearing for the Case

Jack Greenberg, Thurgood Marshall, New York City, Fred D. Gray, Montgomery, Ala., Derrick A. Bell, Jr., New York City, for appellants, James M. Nabrit, III, New York City, of counsel.

Gordon Madison, Asst. Atty. Gen. of Ala., MacDonald Gallion, Atty. Gen. of Ala., Robt. P. Bradley, Governor's Office, Montgomery, Ala., for appellees.

Before RIVES, CAMERON and WISDOM, Circuit Judges.


RIVES, Circuit Judge.

The question presented by the pleadings and evidence,1 and decisive of this appeal, is whether due process requires notice and some opportunity for hearing before students at a tax-supported college are expelled for misconduct. We answer that question in the affirmative.

The misconduct for which the students were expelled has never been definitely specified. Defendant Trenholm, the President of the College...

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