WILLIAMS v. McNAIR

No. 70-512.

316 F.Supp. 134 (1970)

D. Reece WILLIAMS, III, as Guardian ad Litem for Mr. Samuel Kirk Covington, Mr. Frank Osborne Deaton, Mr. Elbert Randolph Devinney, Mr. Eddie Leavohn Guy, Mr. Michael Warner Hoskins, Mr. David Franklin Johnson, Jr., Mr. Roger Darrell Myers, Mr. Ronnie Edward Nichols, Mr. James Alvin Sorrow, Jr.; and Mr. Charles David Meeler, Plaintiffs, v. The Honorable Robert E. McNAIR, Governor of the State of South Carolina, Chairman of the Board, Cyril B. Busbee, State Superintendent of Education, The Honorable James P. Mozingo, III, Chairman of The Senate Committee on Education, The Honorable Harold D. Breazeale, Chairman of the House Committee on Education, Howard L. Burns, John H. Martin, B. D. McDonald, Mrs. James W. Godfrey, Brown Mahon, Mrs. Stiles Stribling, William H. Grier, Mrs. Legare Hamilton, John T. Roddey, Being the Trustees of Winthrop College, Defendants.

United States District Court, D. South Carolina, Rock Hill Division.

Decided August 24, 1970.


Attorney(s) appearing for the Case

Terrell L. Glenn and Charles Porter, Glenn & Porter, Columbia, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Michael W. Tighe, Asst. Attys. Gen., for defendants.

Before HAYNSWORTH, Chief Judge, and HEMPHILL and RUSSELL, District Judges.


DONALD RUSSELL, District Judge:

This is an action instituted by the plaintiffs, all males, suing on behalf of themselves and others similarly situated, to enjoin the enforcement of a State statute1 which limits regular admissions to Winthrop College, a State supported college located at Rock Hill, South Carolina, to "girls".2 They assert that, except for their sex, they fully meet the admission requirements...

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