UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA HAROLD THOMAS EPPS and ROBERT DAVIS GLASS, et al., Plaintiffs, VSe WILLIAM DONALD CARMICHAEL, JR., President of the University of North Carolina; HENRY P, BRANDIS, JRe, Dean of the Law School of the University of North Carolina, LEE ROY WELLS ARMSTRONG, Director of Admissions of the University of Worth Carolina; ARCH T. ALLEN, Secretary of the Board of Trustees of the University of North Carolina; and the UNIVERSITY OF NORTH CAROLINA, a body Incorporate, CIVIL Action Noe Wh Defendantse STATEMENT OF CASE This cause was heard at a special sitting of the Court beginning August 28, 1950, and extending through August 30, 1950, in the Durham Divisione The plaintiffs were represented by C. 0. Pearson of Durham, Spottswood W. Robinson, III, of Richmond, Virginia, Robert L. Carter of New York, and Thurgood Marshall of New Yorke The defendants wore represented by the Attorney General of North Carolina, Harry McMullan, the Assistant Attorney Genoral, Ralph Moody, We F. Brinkley of the office of the Attorney General, and W. Be Unstead of Durham, Le Po McLendon of Greensboro, and J. C. B. Ehringhaus, Jr., of Raleighs This is a civil action, heard without a jury, instituted by the original plaintiffs, Harold Thomas Epps and Robert Davis Glass, on October 25, 1949, as a class action, against the University of North Carolina, the President of said institution, the Dean of its Lew School and other officials thereof, The plaintiffs alleged that they were Negro residents of North Carolina and were qualified to be admittedudents in the Law School of the University as transfer students ‘rom the Law School of the North Carolina College at Durham, which they were then attending, but had been denied admission solely on account of their race without being provided equal educational op» portunity elsewhere at a statewsupported institution, in violation of the equal protection clause of the Fourteenth Amendment to the Federal Constitution, The plaintiffs prayed for a Declaratory Judgment and an injunction to enforce their alleged rights, The defendants all answered and denied that the plaintiff Glass was a resident of the State but admitted that the plaintiffs had been denied admission to the Law School of the University for the reason that the State had from public funds provided for the plaintiffs a separate but sub~ stantially equal opportunity for a legal education at the Law School of the said College, in which the plaintiffs were then enrolled. The defendants denied that the plaintiffs' constitutional rights had been violatede For convenience, the North Carolina College at Durham will be referred to as "The College” and the University of North Carolina will be referred to as "The University". On February 8, 1950, upon motion, by order of the Court, six ad~ ditional parties, namely, Floyd B. McKissick, Sol Revis, Harvey Beech, Walter Nivins, Perry B. Gilliard, and James Lassiter, were allowed to intervene in this proceeding and these plaintiffs were joined by an additional plaintiff, J. Kenneth Lee, who intervened at the opening of the trial by Petition and by Order of the Court. At the opening of the trial, the plaintiffs intervenors Walter B, Nivins and Harvey Beech were, with the permission of the Court, per= mitted to withdraw as parties plaintiff herein on the ground that they had never filed application for admission to the Law School of the University of North Carolina, On Petition and by Order of the Court, a third party plaintiff intervenor, Perry B. Gilliard, was withdrawn for the stated reason that he would not be present at the hearing, At a 46the opening of the trial, counsel for plaintiffs further petitioned the Cowt end wore permitted to withdraw the original plaintiff Glass for that it now appeared that said Glass was a resident of the State of Alabama and not a resident of North Carolina as alleged in the complaint; counsel for plaintiff further petitioned the Court and were permitted to withdraw the plaintiff Epps as a party pleintife for the reason that in June, 1950, he had graduated from the Law School of the North Carolina College and after his graduation had been examined and licensed to practice law by the Board of Bar Examiu ners of North Carolina in August, 1950, and had become entitled to admission to practice before the Courts of this States Jurisdiction of the Court was properly invoked under 62 State 932 (28 UsS.C.As 13)3(3))o After hearing the evidence presented by both sides, the stipules tions of the parties and arguments on behalf of the plaintiffs and the defendants, the Court finds the facts hereinafter set oute FINDINGS OF Fact le Law was first taught at the University of North Carolina in 1645 by a professor of law who was compensated by fees paid directly to him and he received no salary from the University. There was a provision that the degree of Batchelor of Laws should be conferred on those completing the course, but fow degrees were actually awarded, About 1900 the School of Law was incorporated into the University and the first dean was appointed. Since that time it has been devoted to the training of law students for the practice of laws The Law School of the College was established under the authority of Chapter 65 of the Public Laws of 1939, General Statutes 116100, and was set up by the then Dean of the University Law Schools The curricula, teaching methods and facilities were patterned after those in use at the University and the original faculty was composed of prow fessors from the University and the Duke University Law Schools, In Be