BOARD OF SUPERVISORS OF LOUISIANA STATE U. v. Fleming
Decision Date | 23 April 1959 |
Docket Number | No. 17556.,17556. |
Citation | 265 F.2d 736 |
Parties | BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY, Etc., et al., Appellants, v. Wilson FLEMING, Jr., et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
William M. Shaw, Homer, La., Jack P. F. Gremillion, Atty. Gen., James R. Fuller, Lawrence W. Brooks, C. V. Porter, Baton Rouge, La., William P. Schuler, New Orleans, La., George M. Ponder, First Asst. Atty. Gen., for appellants.
A. P. Tureaud, New Orleans, La., U. Simpson Tate, Dallas, Tex., Thurgood Marshall, New York City, Ernest N. Morial, A. M. Trudeau, Jr., New Orleans, La., Constance Baker Motley, New York City, for appellees.
Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.
This appeal is from the district court's judgment enjoining the Board of Supervisors of Louisiana State University and Agricultural & Mechanical College, Theo F. Cangelosi, Acting Chairman of the Board of Supervisors, Troy H. Middleton, President of the University and W. R. Burleson, Registrar of the Louisiana State University in New Orleans, from denying the appellees and members of their class admission to Louisiana State University in New Orleans.
Appellants contend that the rule set forth in Ex parte Young, 1908, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714, however applicable to state officials as individuals, cannot be extended to the Board of Supervisors of Louisiana State University. They argue that the Board is a special agency of the state and a suit against the Board, in effect, would be a suit against the State of Louisiana contrary to the Eleventh Amendment. This Court held to the contrary in Orleans Parish School Board v. Bush, 5 Cir., 1957, 242 F.2d 156. See also Dorsey v. State Athletic Commission, D.C.La. 1958, 168 F.Supp. 149. We agree with the Fourth Circuit in School Board of City of Charlottesville, Va. v. Allen, 4 Cir., 1956, 240 F.2d 59, 63:
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