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Hammond v. University of Tampa

United States Court of Appeals, Fifth Circuit
May 6, 1965
344 F.2d 951 (5th Cir. 1965)

Summary

holding state action present in the admissions practices of a private university established largely through the use of surplus city buildings and other city land

Summary of this case from Dobyns v. E-Systems, Inc.

Opinion

No. 21512.

May 6, 1965.

Frank H. Heffron, Jack Greenberg, New York City, Francisco A. Rodriguez, Tampa, Fla., Constance Baker Motley, New York City, for appellants.

David C.G. Kerr, Charles F. Blake, Macfarlane, Ferguson, Allison Kelly, Tampa, Fla., for appellees, Chester H. Ferguson, Tampa, Fla., of counsel.

Before TUTTLE, Chief Judge, and RIVES and BELL, Circuit Judges.


This is an appeal from an order dismissing a complaint brought by Negro plaintiffs seeking an injunction to prevent the University of Tampa from continuing its policy of restricting admissions to white persons. Although the University of Tampa is not a state or city institution in the usual sense, its establishment was largely made possible by the use of a surplus city building and the use of other city land leased for the University purposes. Under Derrington v. Plummer, 5 Cir., 240 F.2d 922, and Hampton v. City of Jacksonville, 5 Cir., 304 F.2d 320, the City's involvement in the establishment and maintenance was of such a nature as to require a holding that "state" action under the Fourteenth Amendment was involved in the denial of appellants' rights.

However, during the appeal the University's governing body has withdrawn racial barriers, and we are informed that some Negro students have been enrolled. Thus, no injunctive order seems to be required to vindicate appellants' constitutional rights.

The judgment is reversed and the case is remanded to the trial court to retain jurisdiction for a reasonable time to permit it to determine that the appellees have commenced to, and will continue to, operate the University in such manner as will not discriminate against the appellants and the class for which they sued.

Reversed and remanded.


Summaries of

Hammond v. University of Tampa

United States Court of Appeals, Fifth Circuit
May 6, 1965
344 F.2d 951 (5th Cir. 1965)

holding state action present in the admissions practices of a private university established largely through the use of surplus city buildings and other city land

Summary of this case from Dobyns v. E-Systems, Inc.

In Hammond v. University of Tampa, 344 F.2d 951 (5th Cir. 1965), the discriminatory admissions practices of the University of Tampa were attacked. This Court explained that although the University of Tampa is not a state or city university, its establishment was largely made possible by the use of a surplus of city buildings and the use of other city land leased for university purposes.

Summary of this case from Robinson v. Price
Case details for

Hammond v. University of Tampa

Case Details

Full title:James A. HAMMOND and Hazel Louise Gibson, Appellants, v. The UNIVERSITY OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 6, 1965

Citations

344 F.2d 951 (5th Cir. 1965)

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