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PARKER v. FRANKLIN

No. 21070.

331 F.2d 841 (1964)

William V. PARKER, Dean Graduate School of Auburn University Appellant, v. Harold A. FRANKLIN and United States of America, Appellees.

United States Court of Appeals Fifth Circuit.

May 18, 1964.

Attorney(s) appearing for the Case

James J. Carter, Montgomery, Ala., Thomas D. Samford, III, Samford & Samford, Opelika, Ala., Thomas B. Hill, Jr., Hill, Hill, Stovall & Carter, Montgomery, Ala., for appellant.

Fred D. Gray, Montgomery, Ala., Constance Baker Motley, Jack Greenberg, James M. Nabrit, III, New York City, for appellee Franklin.

Harold H. Greene, David Rubin, Peter S. Smith, Attys., Dept. of Justice, Burke Marshall, Asst. Atty. Gen., Ben Hardeman, U. S. Atty., Washington, D. C., for the United States.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

PER CURIAM:

This Court adopts the opinion of the Honorable Frank M. Johnson as the opinion of this Court, and affirms the judgment of the Court with the following modification.

The trial court found that the appellee Franklin had been denied admission to the graduate school of Auburn University for one reason only: "Franklin was rejected on one basis: He had not been graduated from a college that held an accredited status with Southern Association of Colleges...

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