Hoxie School District No. 46 v. Brewer
| Court | United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas |
| Writing for the Court | TRIMBLE |
| Citation | 135 F. Supp. 296 |
| Decision Date | 31 October 1955 |
| Parties | HOXIE SCHOOL DISTRICT NO. 46 of LAWRENCE COUNTY, ARKANSAS, a body corporate under the laws of the State of Arkansas; L. R. Howell, L. L. Cochran, Howard Vance, Guy Floyd, and Leo Robert, individually and as Directors of Hoxie School District No. 46 of Lawrence County, Arkansas; and K. E. Vance, Plaintiffs, v. Herbert BREWER, Amis Guthridge, White America, Inc., a corporation organized and operating under the laws of the State of Arkansas; "Citizens Committee Representing Segregation in the Hoxie Schools", an unincorporated association; James D. Johnson, Curt Copeland, and "White Citizens Council of Arkansas", an unincorporated association, Defendants. |
135 F. Supp. 296
HOXIE SCHOOL DISTRICT NO. 46 of LAWRENCE COUNTY, ARKANSAS, a body corporate under the laws of the State of Arkansas; L. R. Howell, L. L. Cochran, Howard Vance, Guy Floyd, and Leo Robert, individually and as Directors of Hoxie School District No. 46 of Lawrence County, Arkansas; and K. E. Vance, Plaintiffs,
v.
Herbert BREWER, Amis Guthridge, White America, Inc., a corporation organized and operating under the laws of the State of Arkansas; "Citizens Committee Representing Segregation in the Hoxie Schools", an unincorporated association; James D. Johnson, Curt Copeland, and "White Citizens Council of Arkansas", an unincorporated association, Defendants.
Civ. A. J-918.
United States District Court E. D. Arkansas, Jonesboro Division.
October 31, 1955.
James Sloan, III, Walnut Ridge, Ark., Edwin E. Dunaway, Little Rock, Ark., Penix & Penix, Jonesboro, Ark., for plaintiffs.
M. V. Moody, W. H. Gregory, Little Rock, Ark., for defendants.
TRIMBLE, Chief Judge.
The complaint in this case was filed on October 13, 1955. It was verified by the plaintiffs, who are school directors, and the superintendent of the school, of the plaintiff district. There were attached to the complaint the affidavits of Jewel Thorn, Raymond Saunches and K. E. Vance.
A temporary restraining order was issued on October 14, to expire at 10:00 a. m. on October 21, 1955, and it was ordered that the motion for preliminary injunction be set for hearing on October 20, 1955.
On October 20, 1955, defendant Amis Guthridge filed a motion to dismiss the complaint. Upon the filing of this motion the court continued in effect the temporary restraining order until October 31, 1955, and set that date as the date for a hearing on the motion as well as on the application for preliminary injunction.
Exhaustive briefs have been filed by counsel for plaintiff and defendant, and the court, after a careful study of the briefs and the authorities cited, has reached a decision as to whether or not the motion should be sustained.
The motion raises two questions: (1) whether the court has jurisdiction of the parties and the controversy, and (2) whether the complaint states a cause of action for injunction and declaratory judgment.
In considering both the question of jurisdiction and the sufficiency of the allegations of the complaint to state a cause of action the court is required to accept as true all of the allegations of the complaint.
I.
The jurisdiction of the court is invoked pursuant to Title 28, United States Code Annotated, Section 1331, it being alleged that the action arises under the United States Constitution, Article VI, Clauses 2 and 3, Title 4, United States Code, Section 101; the Fourteenth Amendment to the Constitution of the United States; Article IV, Section 4 of the Constitution of the United States; Title 28, United States Code Annotated, Section 1343; Title 42, United States Code Annotated, Sections 1983, 1985(2) and 1988; and Title 18, United States Code Annotated, Sections 241 and 242.
Section 1331 of Title 28, United States Code Annotated, reads as follows:
"The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs, and arises under the Constitution, laws or treaties of the United States."
It would unduly extend this Memorandum to recite the allegations of the complaint which call into question the...
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Brewer v. Hoxie School District No. 46, 15510.
...hearing was had on a motion by defendants to dismiss. Judge Trimble denied the motion and accompanied the ruling with written opinion, 135 F.Supp. 296. Thereafter, issues having been joined, plenary trial was had in the district court on the merits before Judge Reeves assigned and judgment ......
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Sherck v. Hagan, Civ. No. 3095.
...be of unusual magnitude. It would seem that both for the interests of the litigants and the interest of justice, the action should 135 F. Supp. 296 be transferred to a court where the trial could more conveniently and justly be held. However, the only matter before this Court is the pending......
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Brewer v. Hoxie School District No. 46, No. 15510.
...hearing was had on a motion by defendants to dismiss. Judge Trimble denied the motion and accompanied the ruling with written opinion, 135 F.Supp. 296. Thereafter, issues having been joined, plenary trial was had in the district court on the merits before Judge Reeves assigned and judgment ......
-
Sherck v. Hagan, Civ. No. 3095.
...be of unusual magnitude. It would seem that both for the interests of the litigants and the interest of justice, the action should 135 F. Supp. 296 be transferred to a court where the trial could more conveniently and justly be held. However, the only matter before this Court is the pending......