From Casetext: Smarter Legal Research

Louisiana State Board of Education v. Angel

United States Court of Appeals, Fifth Circuit
Apr 13, 1961
287 F.2d 33 (5th Cir. 1961)

Summary

In Board of Education v. Angel, 75 W. Va. 747, 84 S.E. 747, the defendants signed a note as indorsers and interposed the plea that it was signed for an illegal consideration, namely, to suppress a criminal prosecution of a felony against F. T. Roberts, the maker.

Summary of this case from Austin v. Feron

Opinion

No. 18521.

February 9, 1961. Rehearing Denied April 13, 1961.

William P. Schuler, Asst. Atty. Gen., of Louisiana, Jack P.F. Gremillion, Atty. Gen., Carroll Buck, First Asst. Atty. Gen., George M. Ponder, Asst. Atty. Gen., for appellants.

A.P. Tureaud, New Orleans, La., Constance Baker Motley, Thurgood Marshall, New York City, A.M. Trudeau, Jr., Ernest N. Morial, New Orleans, La., for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MIZE, District Judge.


The judgment from which this appeal was taken was entered in a suit in which the appellant Board was enjoined from excluding the appellees and other Negroes from trade schools operated by the Board because of color and race. The sole question presented by the appeal is whether the Board, as an agency of the State, can be sued without its consent. The question was correctly answered by the district court in permitting the action to be maintained. See Louisiana State Board of Education v. Allen, 5 Cir., 287 F.2d 32, and cases there cited. The judgment of the district court is

Affirmed.


Summaries of

Louisiana State Board of Education v. Angel

United States Court of Appeals, Fifth Circuit
Apr 13, 1961
287 F.2d 33 (5th Cir. 1961)

In Board of Education v. Angel, 75 W. Va. 747, 84 S.E. 747, the defendants signed a note as indorsers and interposed the plea that it was signed for an illegal consideration, namely, to suppress a criminal prosecution of a felony against F. T. Roberts, the maker.

Summary of this case from Austin v. Feron
Case details for

Louisiana State Board of Education v. Angel

Case Details

Full title:LOUISIANA STATE BOARD OF EDUCATION, Robert H. Curry, Ex-President et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 13, 1961

Citations

287 F.2d 33 (5th Cir. 1961)

Citing Cases

Ward v. Ward

6 R.C.L., Contract, § 170. In order for a transaction to be void as against public policy, as being in…

McCoy v. Louisiana State Board of Education

The district court held that since Art. XIX, Sec. 26 of the Louisiana Constitution, as amended in 1956, LSA,…