COMMONWEALTH OF PENNSYLVANIA v. BROWN

No. 16256.

373 F.2d 771 (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, Tyrone Karl White and Terry Sherwood White, by Their Mother, Mrs. Charlotte L. White, on Behalf of Themselves and All Others Similarly Situated v. Revelle W. BROWN et al., Trustees of the Estate of Stephen Girard, Appellants.

United States Court of Appeals Third Circuit.

Decided February 28, 1967.


Attorney(s) appearing for the Case

Ernest R. von Starck, Philadelphia, Pa. (Gaffney & Gaffney, Philadelphia, Pa., Morgan, Lewis & Bockius, Philadelphia, Pa., Arthur Littleton, John Russell, Jr., Richard P. Brown, Jr., Philadelphia, Pa., on the brief), for appellants.

Charles J. Biddle, Jr., Philadelphia, Pa., continuing William T. Coleman, Jr., Philadelphia, Pa. (Drinker, Biddle & Reath, J. Alan Kugle, Henry S. Hilles, Jr., Dilworth, Paxson, Kalish, Kohn & Levy, Robert W. Maris, Philadelphia, Pa., on the brief), for appellees.

Before STALEY, Chief Judge, and McLAUGHLIN, KALODNER, SMITH and SEITZ, Circuit Judges.


KALODNER, Circuit Judge.

The defendants, Trustees of the Estate of Stephen Girard,1 refused to admit the seven minor plaintiffs, Negro male orphans, to Girard College, a charitable educational establishment created under the Will of Stephen Girard, on the sole ground that Girard's Will expressly restricts admission to the College to "poor male white" orphans.

The guardians of the minor plaintiffs, the Commonwealth of Pennsylvania...

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