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HAMMOND v. UNIVERSITY OF TAMPA

No. 21512.

344 F.2d 951 (1965)

James A. HAMMOND and Hazel Louise Gibson, Appellants, v. The UNIVERSITY OF TAMPA et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 6, 1965.

Attorney(s) appearing for the Case

Frank H. Heffron, Jack Greenberg, New York City, Francisco A. Rodriguez, Tampa, Fla., Constance Baker Motley, New York City, for appellants.

David C. G. Kerr, Charles F. Blake, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellees, Chester H. Ferguson, Tampa, Fla., of counsel.

Before TUTTLE, Chief Judge, and RIVES and BELL, Circuit Judges.

PER CURIAM:

This is an appeal from an order dismissing a complaint brought by Negro plaintiffs seeking an injunction to prevent the University of Tampa from continuing its policy of restricting admissions to white persons. Although the University of Tampa is not a state or city institution in the usual sense, its establishment was largely made possible by the use of a surplus city building and the use of other city land leased for the University purposes. Under Derrington...

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