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ROBINSON v. DAVIS

No. 14531.

447 F.2d 753 (1971)

Richard ROBINSON, Appellant, v. Grier DAVIS et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1971.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N. C. (Norman B. Smith, Greensboro, N. C., on the brief), for appellant.

Ann H. Phillips, Asheville, N. C. (Robert R. Williams, Jr., and Williams, Morris & Golding, Asheville, N. C., on the brief), for appellees.

Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.

BOREMAN, Circuit Judge:

This appeal by a student1 at Montreat-Anderson College, from the dismissal of a complaint brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983, and 28 U.S.C.A. §§ 2201 and 2202, requires analysis of the concept of "state action." Mr. Justice Clark observed in Burton v. Wilmington Parking Authority, 365 U.S. 715, 722, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961), that the...

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