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SANDERS v. ELLINGTON

Civ. A. No. 5077.

288 F.Supp. 937 (1968)

Rita SANDERS; Patrick J. Gilpin; Ernest Terrell; Harold Sweatt; and Phillip Sweatt, Individually and as Next Friend of Phillip Sweatt; Citizens and Residents of the State of Tennessee, and Citizens of the United States, Plaintiffs; The United States of America, Plaintiff-Intervenor; v. Buford ELLINGTON, Governor of the State of Tennessee and Chairman of the Board of Trustees of the University of Tennessee; Howard Warf, Commissioner of Education of the State of Tennessee and Chairman of the Tennessee State Board of Education; Tennessee State Board of Education, a State Agency; Tennessee Higher Education Commission, and its Chairman, John R. Long, Jr.; the University of Tennessee, and its President, Andrew Holt; Board of Trustees of the University of Tennessee, and its Vice Chairman, Wassell Randolph; Tennessee A & I State University, and its President, Walter Davis, and its President-elect, Andrew P. Torrence; Interim Committee for Tennessee A & I State University and the members of said Interim Committee, Arthur Danner, William Jackson, and Granville Sawyer, Defendants.

United States District Court M. D. Tennessee, Nashville Division.

August 23, 1968.

Attorney(s) appearing for the Case

George Barrett, and John G. Mitchell, Jr., Nashville, Tenn., for plaintiffs Rita Sanders, and others.

Patrick Hardin, Kermit V. Lipez, Nathan Lewin, and Thomas Hutchison, Attys., Dept. of Justice, Washington, D. C., and Carlton Petway, Asst. U. S. Atty., Nashville, Tenn., for plaintiff-intervenor, the United States.

John C. Baugh, Gen. Counsel, and James E. Drinnon, Jr., Asst. Gen. Counsel, The University of Tennessee, Knoxville, Tenn., for defendants Buford Ellington, Governor of the State of Tennessee and Chairman of the Board of Trustees of the University of Tennessee, The University of Tennessee, and its President, Andrew Holt, Board of Trustees of the University of Tennessee, and its Vice Chairman, Wassell Randolph.

Thomas E. Fox, Deputy Atty. Gen., and Paul E. Jennings, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., for remainder of defendants.

OPINION

FRANK GRAY, Jr., District Judge.

The following is the text of opinion delivered from the Bench on August 21, 1968. Material in brackets has been added to the opinion as delivered.

This action was brought in an effort to prevent the University of Tennessee from constructing a new facility for expanding its program at the Nashville Center. The original plaintiffs are: a member of the faculty at Tennessee A & I State University; a member...

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