TROY STATE UNIVERSITY v. DICKEY

No. 25507.

402 F.2d 515 (1968)

TROY STATE UNIVERSITY and Board of Trustees, Troy State University, Appellants, v. Gary Clinton DICKEY, Appellee.

United States Court of Appeals Fifth Circuit.

October 21, 1968.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Leslie Hall, Asst. Atty. Gen., James Garrett, Montgomery, Ala., for appellants.

Roy Lucas, New York City, for appellee, and for the American Assn. of University Professors, American Civil Liberties Union, U. S. Nat. Student Assn., U. S. Student Press Assn., and Alabama Assn. of Student Body Presidents, as amici curiae (Morris Dees and George Azar, Montgomery, Ala., on the brief).

Before BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge.


DYER, Circuit Judge:

When this case was originally before us1 we found that "uncertainty exists as to whether a case or controversy, which is a requisite to judicial determination, is present."2 Therefore we postponed a final determination of that issue until September, 1968, and directed the parties to advise the Court of the facts as of that time. The parties have responded. Concluding, as we do, that the...

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