McLaurin v. Oklahoma State Regents for Higher Ed., Civ. No. 4039.

CourtUnited States District Courts. 10th Circuit. Western District of Oklahoma
Writing for the CourtPER CURIAM
Citation87 F. Supp. 526
PartiesMcLAURIN v. OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION et al.
Docket NumberCiv. No. 4039.
Decision Date06 October 1948

87 F. Supp. 526

McLAURIN
v.
OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION et al.

Civ. No. 4039.

United States District Court W. D. Oklahoma.

October 6, 1948.


87 F. Supp. 527

Amos T. Hall, Tulsa, Okl., and Thurgood Marshall, New York City, attorneys for plaintiff.

Mac Q. Williamson, Attorney General, State of Oklahoma, Fred Hansen and George T. Montgomery, Assistants to the Attorney General, attorneys for defendants.

Before MURRAH, Circuit Judge, VAUGHT, Chief Judge, and BROADDUS, District Judge.

PER CURIAM.

By this suit, we were asked to enjoin the defendants from refusing to admit the plaintiff to the University of Oklahoma, for the purpose of pursuing a postgraduate course in education leading toward a doctor's degree. It is said that although having made timely application for admission, and being morally and scholastically qualified, he has been denied admission solely because, as a member of the Negro Race, the laws of Oklahoma forbid his admission under criminal penalty. It is said that in these circumstances, refusal to admit the plaintiff to the University of Oklahoma, for the purpose of pursuing the course of study he seeks, is a deprivation of his rights to the equal protection of the laws guaranteed by the Fourteenth Amendment to the Constitution of the United States.

Findings of Fact.

I. In accordance with the stipulation, the court finds that the University of Oklahoma is an educational institution maintained by the taxpayers of the State, from funds derived from uniform taxation, and that it is the only educational institution supported by public taxation in which the plaintiff can pursue a postgraduate course leading to a doctor's degree in education.

II. That during the enrollment period for the second semester for the 1947-1948 school term, plaintiff applied for admission to the University for the purpose of taking such courses which would entitle him to a doctor's degree in education, and that at the time of his application, he possessed and still possesses all of the scholastic and moral qualifications prescribed by the University of Oklahoma for admission to the courses he seeks to pursue, and that he was denied admission to the University on February 2, 1948, solely because as a member of the Negro Race, the applicable laws of Oklahoma, 70 O.S.1941 §§ 455, 456 and 457, make it a criminal offense for any person

87 F. Supp. 528
to operate a school or college or any educational institution where persons of both white and...

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4 practice notes
  • State ex rel. Hawkins v. Board of Control of Fla.
    • United States
    • United States State Supreme Court of Florida
    • August 1, 1950
    ...332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, rev'g. 199 Okl. 36, 180 P.2d 135; and McLaurin v. Oklahoma State Regents for Higher Ed., D.C., 87 F.Supp. 526. The decision of the Supreme Court of the United States from which we have quoted is binding upon this court in respect to the Federal cons......
  • McLaurin v. Oklahoma State Regents for Higher Ed., Civ. No. 4039.
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • November 22, 1949
    ...defendant. Before VAUGHT, Chief Judge, MURRAH, Circuit Judge and BROADDUS, District Judge. PER CURIAM. At a former hearing of this cause, 87 F.Supp. 526, we held the segregation laws of the State of Oklahoma, 70 O.S. 1941 87 F. Supp. 530 §§ 455, 456 and 457, unconstitutional and inoperative......
  • Laurin v. Oklahoma State Regents For Higher Education, No. 34
    • United States
    • United States Supreme Court
    • June 5, 1950
    ...L.Ed. 208, and Sipuel v. Board of Regents, 1948, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, a statutory three-judge District Court held, 87 F.Supp. 526, that the State had a constitutional duty to provide him with the education he sought as soon as it provided that education for applicants o......
  • Stella v. Kaiser
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 10, 1949
    ...F. Supp. 525 STELLA v. KAISER et al. United States District Court S. D. New York. June 10, 1949.87 F. Supp. 526 Lewis M. Dabney, Jr., Anderson & Carew, John A. Anderson and Isidore H. Cohen, New York City, for Willkie, Owen, Farr, Gallagher & Walton, Mark F. Hughes, New York City, for defen......
4 cases
  • State ex rel. Hawkins v. Board of Control of Fla.
    • United States
    • United States State Supreme Court of Florida
    • August 1, 1950
    ...332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, rev'g. 199 Okl. 36, 180 P.2d 135; and McLaurin v. Oklahoma State Regents for Higher Ed., D.C., 87 F.Supp. 526. The decision of the Supreme Court of the United States from which we have quoted is binding upon this court in respect to the Federal cons......
  • McLaurin v. Oklahoma State Regents for Higher Ed., Civ. No. 4039.
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • November 22, 1949
    ...defendant. Before VAUGHT, Chief Judge, MURRAH, Circuit Judge and BROADDUS, District Judge. PER CURIAM. At a former hearing of this cause, 87 F.Supp. 526, we held the segregation laws of the State of Oklahoma, 70 O.S. 1941 87 F. Supp. 530 §§ 455, 456 and 457, unconstitutional and inoperative......
  • Laurin v. Oklahoma State Regents For Higher Education, No. 34
    • United States
    • United States Supreme Court
    • June 5, 1950
    ...L.Ed. 208, and Sipuel v. Board of Regents, 1948, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, a statutory three-judge District Court held, 87 F.Supp. 526, that the State had a constitutional duty to provide him with the education he sought as soon as it provided that education for applicants o......
  • Stella v. Kaiser
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 10, 1949
    ...F. Supp. 525 STELLA v. KAISER et al. United States District Court S. D. New York. June 10, 1949.87 F. Supp. 526 Lewis M. Dabney, Jr., Anderson & Carew, John A. Anderson and Isidore H. Cohen, New York City, for Willkie, Owen, Farr, Gallagher & Walton, Mark F. Hughes, New York City, for defen......

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