Meredith v. Fair, 19475.

Citation313 F.2d 534
Decision Date29 September 1962
Docket NumberNo. 19475.,19475.
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.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

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 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 the performance of obligations under this Court's order of July 28, 1962 and the order of the District Court of September 13, 1962.

2. The temporary restraining order of September 25, 1962 was served upon the State of Mississippi through its designated agent Joe T. Patterson, the Attorney General of the State of Mississippi, on September 25, 1962 and was served on Ross R. Barnett on September 25, 1962.

3. On September 26, 1962 Paul B. Johnson, Jr., acting as an officer and agent of the State of Mississippi and as an agent of and in active concert and participation with Ross R. Barnett, prevented James H. Meredith from entering the campus of the University of Mississippi at Oxford, Mississippi at a time when James H. Meredith was seeking to so enter for the purpose of enrolling as a student in the University pursuant to the orders of this Court of July 28, 1962 and the order of the District Court of September 13, 1962.

The conduct of Paul B....

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9 cases
  • United States v. State of Mississippi, Civ. A. No. 3312.
    • United States
    • U.S. District Court — Southern District of Mississippi
    • June 22, 1964
    ...Mississippi in civil contempt in proceedings instituted by the United States as amicus curiae-intervenor, Meredith 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 21 See, e. g., Miss.Code § 3210.5: "......
  • Armstrong v. Board of Education of City of Birmingham, Ala.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 6, 1963
    ... ...         A fair and proper analysis of the ruling of the District Court will reveal that it is not subject to the ... Circuit Judges Rives, Cameron and Brown. Opinion by Judge Rives ... 3. Meredith v. Fair, Jan. 12, 1962, 5 Cir., 298 F.2d 696. School desegregation. Chief Judge Tuttle, Circuit ... ...
  • United States v. Barnett
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 9, 1963
    ...follows: 1. The case 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......
  • Ayers v. Allain, GC75-9-NB.
    • United States
    • U.S. District Court — 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......
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