From Casetext: Smarter Legal Research

Sweet Briar Institute v. Button

U.S.
May 29, 1967
387 U.S. 423 (1967)

Summary

In Sweet Briar Institute v. Button, 387 U.S. 423, 87 S.Ct. 1710, 18 L.Ed.2d 865 (1967), the Supreme Court on the basis of England reversed a lower court application of res judicata when "The State court decision, in effect upholding the racial restriction, was announced almost a year before the Federal suit was filed."

Summary of this case from Egan v. Wisconsin State Board of Vocational

Opinion

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA.

No. 1106.

Decided May 29, 1967.

Reversed and remanded.

Frank G. Davidson, Jr., and Thomas S. Currier for appellant.

Robert Y. Button, Attorney General of Virginia, pro se, and R. D. McIlwaine III, Assistant Attorney General, for appellees.


The judgment of the United States District Court for the Western District of Virginia is reversed. England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964). The case is remanded for consideration on the merits. Section 202 of the Civil Rights Act of 1964, 78 Stat. 244, 42 U.S.C. § 2000a-1. Kline v. Burke Construction Co., 260 U.S. 226.

MR. JUSTICE HARLAN and MR. JUSTICE STEWART would affirm the judgment.


Summaries of

Sweet Briar Institute v. Button

U.S.
May 29, 1967
387 U.S. 423 (1967)

In Sweet Briar Institute v. Button, 387 U.S. 423, 87 S.Ct. 1710, 18 L.Ed.2d 865 (1967), the Supreme Court on the basis of England reversed a lower court application of res judicata when "The State court decision, in effect upholding the racial restriction, was announced almost a year before the Federal suit was filed."

Summary of this case from Egan v. Wisconsin State Board of Vocational
Case details for

Sweet Briar Institute v. Button

Case Details

Full title:SWEET BRIAR INSTITUTE v . BUTTON ET AL

Court:U.S.

Date published: May 29, 1967

Citations

387 U.S. 423 (1967)

Citing Cases

New Jersey Ed. Ass'n v. Burke

If a party freely and without reservation submits his federal claims for decision by the state courts,…

Egan v. Wisconsin State Board of Vocational

In England the court denied application of defendant's plea of res judicata despite the fact that the…