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228 F.2d 619

Docket No. 15839.

Adams v. Lucy

Fifth Circuit Court of Appeals

Dec. 30, 1955. Rehearing Denied Feb. 1, 1956.

Fifth Circuit Court of Appeals · decided 1955-12-30

2 counsel of record

Key passage — most relied on by later courts

“1. The decree of the Supreme Court of the United States, entered on October 10, 1955, reinstated the injunction embraced in the judgment of this court dated July 1, 1955, to the extent that the defendant, William F. Adams, his servants, agents, assistants and employees, and those who might aid, abet, and act in concert with him, are permanently enjoined and restrained from denying the plaintiffs the right to enroll in the University of Alabama and pursue courses of study thereat, solely on account of their race or color. "2. The action of defendant, William F. Adams, in refusing to permit the plaintiffs to register as students at the University of Alabama during the current semester did not violate the judgment of this court dated July 1, 1955.”

quoted by 1 later decision, including Lucy v. Adams

“13. The defendant has not, since the entry of the decree of July 1, 1955, denied the plaintiffs the right to enroll in the University of Alabama and pursue courses of study thereat, solely on account of their race or color. The action of defendant in refusing to permit the plaintiffs to register as students at the University of Alabama was based solely on the fact that they did not present themselves at the University of Alabama for registration as students on, or prior to, Oct. 6, 1955.”

quoted by 1 later decision, including Lucy v. Adams

Relies on Lucy v. Adams · Lucy v. Adams · Lucy v. Adams

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1955-12-30

How this case has been cited

Cited by 19 later decisions — most recently December 1991

11 federal appellate ·

8019551960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Andrew J. Thomas, Frontis H. Moore, Birmingham, Ala., Burr, McKamy, Moore & Thomas, Birmingham, Ala., of counsel, for appellant.

Constance Baker Motley, New York City, Arthur D. Shores, Birmingham, Ala., Thurgood Marshall, New York City, for appellees.

Before HUTCHESON, Chief Judge, and BORAN and BROWN, Circuit Judges.

PER CURIAM.

¶1

Brought by appellees, plaintiffs below, for themselves and all other negroes similarly situated, against William F. Adams, Dean of Admissions of the University of Alabama, charging that he had denied them the equal protection of the laws guaranteed to them under the Fourteenth amendment, in that he had refused to admit them to the University of Alabama solely on account of their race and color, the suit was for a declaratory judgment and an injunction.

¶2

In a well considered opinion1 dealing adequately with and disposing correctly of the issues joined, and upon findings of fact, which the record fully supports, and conclusions of law as fully supported by the authorities cited, the district judge determined2 that plaintiffs were entitled to the decree they sought and entered judgment3 accordingly.

¶3

Upon the considerations advanced and the reasons given by the district judge in his opinion, with which we find ourselves in complete agreement, the judgment is affirmed.

1 Lucy v. Adams, D.C., 134 F.Supp. 235, 239.

2 'Plaintiffs are entitled to a decree enjoining the defendant, William F. Adams, his servants, agents, assistants and employees, and those who might aid, abet, and act in concert with him, from denying the plaintiffs and others similarly situated the right to enroll in the University of Alabama and pursue courses of study thereat, solely on account of their race and color.

'A decree will, accordingly, be entered for the plaintiffs.'

3 'Judgment Upon Trial of Case on the Merits

'Pursuant to the Findings of Fact and Conclusions of Law this day filed in this cause,

'It is ordered, adjudged and decreed as follows:

'1. That the defendant, William F. Adams, his servants, agents, assistants and employees, and those who might aid, abet, and act in concert with him, are hereby permanently enjoined and restrained from denying the plaintiffs and others similarly situated the right to enroll in the University of Alabama and pursue courses of study thereat, solely on account of their race or color.'

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