Meredith v. Fair, No. 19475.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation313 F.2d 534
PartiesJames H. MEREDITH, Appellant, v. Charles Dickson FAIR et al., Appellees. UNITED STATES of America, Amicus Curiae and Petitioner, v. STATE OF MISSISSIPPI et al., Defendants.
Decision Date29 September 1962
Docket NumberNo. 19475.

313 F.2d 534 (1962)

James H. MEREDITH, Appellant,
v.
Charles Dickson FAIR et al., Appellees.

UNITED STATES of America, Amicus Curiae and Petitioner,
v.
STATE OF MISSISSIPPI et al., Defendants.

No. 19475.

United States Court of Appeals Fifth Circuit.

September 29, 1962.


C. B. Motley, New York City, R. Jess Brown, Vicksburg, Miss., John Doar, First Asst., Civil Rights Division, Department of Justice, Burke Marshall, Asst. Atty. Gen., Department of Justice, Washington, D. C., for appellant.

Chas. Clark, Jackson, Miss., Dugas Shands, Asst. Atty. Gen. of Mississippi, Jackson, Miss., Joe T. Patterson, Atty. Gen. of Mississippi, Jackson, Miss., Walter Suthon, New Orleans, La., Francis T. Zachary, Hattiesburg, Miss., J. D. Doty, Pontotoc, Miss., W. H. Barbour, Yazoo City, Miss., Chester H. Curtis, Clarksdale, Miss., Will A. Hickman, Oxford, Miss., M. B. Montgomery, Jackson, Miss., Orma R. Smith, Corinth, Miss., J. P. Coleman, Jackson, Miss., Ben H. Walley, Jackson, Miss., Fred B. Smith, Ripley, Miss., Charles L. Sullivan, Clarksdale, Miss., for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

This Court having entered an order on September 26, 1962, requiring Paul B. Johnson, Jr., to appear before this Court today at 10:00 A. M. to show cause, if any he has, why he should not be held in civil contempt of the temporary restraining order entered in this action upon application of the United States on September 25, 1962, and Paul B. Johnson, Jr., having been given notice of the order to show cause and it having been regularly called on the calendar for hearing at 10:00 A.M. this day, and Paul B. Johnson, Jr., having failed to appear or respond, in person or by counsel, and having failed to deny the factual statements

313 F.2d 535
contained in the verified application of the United States, and

The Court having heard and received evidence on behalf of the United States and having deliberated and considered the legal issues involved, now renders its findings of fact, conclusions of law and judgment as follows:

FINDINGS OF FACT

1. On September 25, 1962 this Court entered its temporary restraining order upon application of the United States, amicus curiae herein, restraining the State of Mississippi, Ross R. Barnett, their agents, employees, officers and successors, together with all persons in active concert or participation with them, from interfering with or obstructing in any manner or by any means the enjoyment of rights or...

To continue reading

Request your trial
9 practice notes
  • United States v. Pyle, Crim. No. 80-218 to 80-221.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 14, 1981
    ...out of the litigation instituted in the effort to permit James Meredith to attend the University of Mississippi. See Meredith v. Fair, 313 F.2d 534 (5th Cir. 1962); Meredith v. Fair, 305 F.2d 341, 305 F.2d 343, 306 F.2d 374 (5th Cir.), cert. denied, 371 U.S. 828, 83 S.Ct. 49, 9 L.Ed.2d 66 (......
  • United States v. Barnett, No. 20240.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 9, 1963
    ...presents the certified question of law relating to criminal contempt arising out of the case of Meredith, et al. v. Fair, et al., 5 Cir., 313 F.2d 534. This Court in the opinion of June 25, 1962, in Meredith v. Fair, 5 Cir., 1962, 305 F.2d 343, cert. denied, 1962, 371 U.S. 828, 83 S.Ct. 49,......
  • Armstrong v. Board of Education of City of Birmingham, Ala., No. 20595.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 6, 1963
    ...Simpson. Opinion by Judge Brown. 21. Meredith v. Fair (United States v. Mississippi and Paul B. Johnson, Jr.), Sept. 29, 1962, 5 Cir., 313 F.2d 534. Civil contempt. Circuit Judges Rives, Brown and Wisdom. Per 22. Clark v. Thompson, March 6, 1963, 5 Cir., 313 F.2d 637. Desegregation of publi......
  • United States v. State of Mississippi, Civ. A. No. 3312.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • June 22, 1964
    ...v. Fair (United States v. Mississippi), 5 Cir., 1962, 313 F.2d 532; Meredith v. Fair (United States v. Mississippi), 5 Cir., 1962, 313 F.2d 534. 21 See, e. g., Miss.Code § 3210.5: "The county registrar, while acting within his jurisdiction and under the authority of this act, shall not be l......
  • Request a trial to view additional results
9 cases
  • United States v. Pyle, Crim. No. 80-218 to 80-221.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 14, 1981
    ...out of the litigation instituted in the effort to permit James Meredith to attend the University of Mississippi. See Meredith v. Fair, 313 F.2d 534 (5th Cir. 1962); Meredith v. Fair, 305 F.2d 341, 305 F.2d 343, 306 F.2d 374 (5th Cir.), cert. denied, 371 U.S. 828, 83 S.Ct. 49, 9 L.Ed.2d 66 (......
  • United States v. Barnett, No. 20240.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 9, 1963
    ...presents the certified question of law relating to criminal contempt arising out of the case of Meredith, et al. v. Fair, et al., 5 Cir., 313 F.2d 534. This Court in the opinion of June 25, 1962, in Meredith v. Fair, 5 Cir., 1962, 305 F.2d 343, cert. denied, 1962, 371 U.S. 828, 83 S.Ct. 49,......
  • United States v. State of Mississippi, Civ. A. No. 3312.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • June 22, 1964
    ...v. Fair (United States v. Mississippi), 5 Cir., 1962, 313 F.2d 532; Meredith v. Fair (United States v. Mississippi), 5 Cir., 1962, 313 F.2d 534. 21 See, e. g., Miss.Code § 3210.5: "The county registrar, while acting within his jurisdiction and under the authority of this act, shall not be l......
  • Ayers v. Allain, No. GC75-9-NB.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Mississippi
    • December 10, 1987
    ...See, e.g., Meredith v. Fair, 305 F.2d 341 (5th Cir.1962), cert. denied, 371 U.S. 828, 83 S.Ct. 49, 9 L.Ed.2d 66 (1962); Meredith v. Fair, 313 F.2d 534 (5th Cir.1962). Black students were not allowed to enroll at a historically white university under the management and control of the Board o......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT