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SWEET BRIAR INSTITUTE v. BUTTON

Civ. A. No. 66-C-10-L.

280 F.Supp. 312 (1967)

SWEET BRIAR INSTITUTE, Plaintiff, v. Robert Y. BUTTON, Attorney General for the Commonwealth of Virginia, et al., Defendants.

United States District Court W. D. Virginia, at Charlottesville.

Decided July 14, 1967.

Attorney(s) appearing for the Case

Frank G. Davidson, Jr., Lynchburg, Va., and Thomas S. Currier, Charlottesville, Va., for plaintiff.

Robert Y. Button, Atty. Gen. of Virginia, Richmond, Va., and William M. McClenny, Commonwealth's Atty., Amherst County, Virginia, for defendants.

Before BRYAN, Circuit Judge, and MICHIE and BUTZNER, District Judges.

ALBERT V. BRYAN, Circuit Judge:

On the appeal of Sweet Briar Institute, our order of abstention was reversed by the Supreme Court with directions for consideration of the case on its merits. The present posture of the suit is, then, that it stands sub judice for decision on the original submission. Because our first opinion [see Appendix] recited the history of the litigation, the material facts and the adversary contentions, we go immediately to the issue at hand...

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