Wilson v. City of Paducah
| Decision Date | 10 September 1951 |
| Docket Number | Civ. No. 516. |
| Citation | 100 F. Supp. 116 |
| Parties | WILSON et al. v. CITY OF PADUCAH et al. |
| Court | U.S. District Court — Western District of Kentucky |
Joseph S. Freeland, Paducah, Ky., for plaintiffs.
James G. Wheeler (of Wheeler & Marshall), Paducah, Ky., for defendants.
In this action, originally filed by the plaintiffs Fred A. Wilson, Jr., and Henry L. Powell, members of the Negro race and residents of Paducah, Kentucky, suing for themselves and all other persons similarly situated, the Court sustained plaintiffs' motion for summary judgment, and on October 27, 1950 entered a judgment holding the action to be a class action authorized by Rule 23(a) of the Rules of Civil Procedure, 28 U.S.C., and that the plaintiffs and other Negro citizens of Paducah, Kentucky, who possessed the qualifications required for admission to Paducah Junior College which are required of white applicants, were entitled to admission to the College as students upon the same terms and conditions as were applied to applicants for admission to the College who are members of the white race, and that the acts of the defendants in denying to the plaintiffs admission to the College as students, while admitting white applicants thereto and while maintaining no other College which such qualified Negro applicants might attend, constituted a deprivation of the right to the equal protection of the laws which are secured to said plaintiffs and to all persons similarly situated by the Constitution of the United States and the 14th Amendment thereto.
On August 14, 1951, the intervening petitioners Marion Wilson and Eloise Broady Ray, not named as parties in the original complaint, tendered and moved to file their intervening petition, which adopted as part thereof the allegations of the original complaint in this action, alleged that the intervenors were members of the Negro race and residents of Paducah, Kentucky, and that although possessing all of the qualifications and meeting all of the requirements required of applicants for admission to Paducah Junior College, they were refused such admission solely upon the ground of their membership in the Negro race. The intervening petition asks that the defendants be enjoined from excluding these petitioners from admission to the College as students upon the ground of their membership in the Negro race, and that if necessary a three-judge court be convened to hear and determine this application for injunction, as provided by 28 U.S.Code, § 2281. The defendants have objected to the filing of the intervening petition. Petitioners' motion to file the same is the only question before the Court at the present time.
Defendants contend that the original complaint is not a class action and consequently does not confer any rights upon the intervenors who were not parties thereto, in that the persons constituting the alleged class are not so numerous as to make it impractical to bring them all before the Court as required by Rule 23(a), Rules of Civil Procedure. Their brief refers to statistics which might prove that the members of the alleged class are very few in number. However, this Court cannot now consider evidence presented by way of brief after the entry of a judgment which has held contrary to defendants' contention. The time to have litigated that issue, if such an issue was genuinely involved, was before the entry of the judgment referred to, at which time the Court was...
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Hodgson v. United Mine Workers of America
...136, 87 S.Ct. 932, 17 L.Ed.2d 814 (1967); System Federation No. 91 v. Reed, 180 F.2d 991, 998 (6th Cir. 1950); Wilson v. City of Paducah, 100 F.Supp. 116, 118 (W.D.Ky.1951); 3B J. Moore, Federal Practice ¶ 24.131 at XX-XXX-XX (2d ed. 70 Supra note 63. 71 79 U.S.App.D.C. at 144, 144 F.2d at ......
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Nichols v. McGee
...Junior College Dist. v. Battle, 5 Cir., 204 F.2d 632, certiorari denied 347 U.S. 974, 74 S.Ct. 783, 98 L.Ed. 1114; and Wilson v. City of Paducah, D.C., 100 F.Supp. 116), for the explicit language of § 2281 of Title 28, U.S.C.A., limits the jurisdiction of a three-judge court to consideratio......
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Battle v. Wichita Falls Junior College Dist.
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Fed. R. Civ. P. 23 Class Actions
..."several" of coherent meaning. See, e.g., System Federation No. 91 v. Reed, 180 F.2d 991 (6th Cir. 1950); Wilson v. City of Paducah, 100 F.Supp. 116 (W.D.Ky. 1951); Citizens Banking Co. v. Monticello State Bank, 143 F.2d 261 (8th Cir. 1944); Redmond v. Commerce Trust Co., 144 F.2d 140 (8th ......
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Fed. R. Civ. P. 23 Class Actions
..."several" of coherent meaning. See, e.g., System Federation No. 91 v. Reed, 180 F.2d 991 (6th Cir. 1950); Wilson v. City of Paducah, 100 F.Supp. 116 (W.D.Ky. 1951); Citizens Banking Co. v. Monticello State Bank, 143 F.2d 261 (8th Cir. 1944); Redmond v. Commerce Trust Co., 144 F.2d 140 (8th ......
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28 APPENDIX U.S.C. § 23 Class Actions
..."several" of coherent meaning. See, e.g., System Federation No. 91 v. Reed, 180 F.2d 991 (6th Cir. 1950); Wilson v. City of Paducah, 100 F.Supp. 116 (W.D.Ky. 1951); Citizens Banking Co. v. Monticello State Bank, 143 F.2d 261 (8th Cir. 1944); Redmond v. Commerce Trust Co., 144 F.2d 140 (8th ......
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28 APPENDIX U.S.C. § 23 Class Actions
..."several" of coherent meaning. See, e.g., System Federation No. 91 v. Reed, 180 F.2d 991 (6th Cir. 1950); Wilson v. City of Paducah, 100 F.Supp. 116 (W.D.Ky. 1951); Citizens Banking Co. v. Monticello State Bank, 143 F.2d 261 (8th Cir. 1944); Redmond v. Commerce Trust Co., 144 F.2d 140 (8th ......