COMMONWEALTH OF PENNSYLVANIA v. BROWN

No. 39404.

270 F.Supp. 782 (1967)

COMMONWEALTH OF PENNSYLVANIA, Attorney General of the Commonwealth of Pennsylvania, City of Philadelphia, and Alan Levi Bond, by his mother, Mrs. Ruby Bond, Charles William Hicks and Theodore Lewis Hicks, by their mother Mrs. Marie Hicks, James Scruggs and Henry Scruggs, by their mother, Mrs. Ardella Scruggs, and Tyrone Karl White and Terry Sherwood White, by their mother, Mrs. Charlotte L. White, on behalf of themselves and all others similarly situated, Plaintiffs, v. Revelle W. BROWN et al., Trustees of the Estate of Stephen Girard, Defendants.

United States District Court E. D. Pennsylvania.

July 5, 1967.


Attorney(s) appearing for the Case

William T. Coleman, Jr., of Dilworth, Paxson, Kalish, Kohn & Dilks, Drinker Biddle & Reath, by Charles J. Biddle and Cuthbert H. Latta, J. Alan Kugle, Sp. Counsel, Philadelphia, Pa., for plaintiffs.

Edward G. Bauer, Jr., City Sol., Matthew W. Bullock, Jr., Deputy City Sol., Philadelphia, Pa., for City of Philadelphia.

Morgan, Lewis & Bockius, by Arthur Littleton, John Russell, Jr., Ernest R. vonStarck and Richard P. Brown, Jr., Thomas J. Gaffney, of Gaffney & Gaffney, Philadelphia, Pa., for defendants.

Harrison Kildare, of Rawle & Henderson, Philadelphia, Pa., William D. Valente, Villanova, Pa., Jerome J. Shestack, of Schnader, Harrison, Segal & Lewis, Murray H. Shusterman and Leon I. Mesirov, Philadelphia, Pa., for amici curiae.


OPINION

JOSEPH S. LORD, III, District Judge.

This action1 arises out of a claim by seven Negro male orphans,2 the City of Philadelphia, the Commonwealth of Pennsylvania, and the Attorney General of Pennsylvania that the continued exclusion of non-white applicants to Girard College by the defendant Trustees is constitutionally impermissible under the Equal Protection Clause of the Fourteenth Amendment...

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