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WHITEHILL v. ELKINS

Civ. A. No. 17564.

258 F.Supp. 589 (1966)

Howard Joseph WHITEHILL, Jr., Plaintiff, v. Wilson ELKINS, President University of Maryland, Board of Regents, University of Maryland, J. Jerome Frampton, Jr., President, State Board of Education, Defendants.

United States District Court D. Maryland.

September 8, 1966.

Attorney(s) appearing for the Case

Sanford Jay Rosen, Arnold M. Weiner, Elsbeth Levy Bothe, Joseph S. Kaufman, and Lee M. Miller, Baltimore, Md., for plaintiff.

Thomas B. Finan, Atty. Gen. of Maryland, Robert C. Murphy, Deputy Atty. Gen. of Maryland, Loring E. Hawes and Julius A. Romano, Asst. Attys. Gen. of Maryland, for defendants.

Before SOBELOFF and WINTER, Circuit Judges, and THOMSEN, Chief Judge.

WINTER, Circuit Judge:

This action, brought under the Civil Rights Act, 42 U.S.C.A. § 1983, and invoking the civil rights and declaratory judgment jurisdiction of this Court, 28 U.S.C.A. §§ 1343(3), 2201 and 2202, seeks to enjoin the oath requirements of the Maryland Subversive Activities Act of 1949, 8A Annotated Code of Maryland (1964 Ed.), Article 85A, § 1 et seq., exacted of public employees as a condition precedent to public employment. Defendants...

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