IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION


HAMILTON E. HOLMES, a minor,                                 )  [handwritten] Rec
by his father and next friend,                                            Sept. 13. 1960
ALFRED HOLMES, and CHARLAYNE                          )   [Illegible signature]
A. HUNTER, a minor, by her
mother and next friend, MRS.                                       )
ALTHEA BROWN HUNTER, on behalf
of themselves and others                                              )
similarly situated, 
                                                                                      )
                                                            Plaintiffs,                           CIVIL ACTION NO. 450
                                                                                      )
            VS.
                                                                                      )
WALTER N. DANNER, Registrar of
the University of Georgia,                                              )

                                                            Defendant.        )

                                                                                      )


PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF
MOTION FOR PRELIMINARY INJUNCTION


PRELIMINARY STATEMENT

This is an action brought by the plaintiffs on behalf of
themselves and others similarly situated. The minor plaintiffs
are Negro students who are qualified in all respects for ad-
mission to the University of Georgia but who, because they are
American citizens of Negro descent, may not attend the University
of Georgia. The exclusion of Negros from the University of
Georgia is a matter of common and historical knowledge of which
this Court might take judicial notice. However, plaintiffs'
evidence will show that there is presently in existence a tacit
policy of limiting admissions to the University of Georgia to
white persons despite recent court decisions holding such state
action violative of the equal protection and due process clauses
of the Fourteenth Amendment to the Federal Constitution and that
this policy is being pursued by the defendants in this case.
Pursuant to this policy, the application for admission forms
require the applicant to state his or her race. An application
which reveals that the applicant is a Negro is immediately isolat-
ed from all other applications and subjected to delayed response.
[Illegible writing]

Manning v. Board of Public Instruction of Hillsborough
County, Florida, 277 F. 2d 370 (C.A. 5th 1960).

Orleans Parish School Board v. Bush, 242 F. 2d 156 [check mark]
(5th Circ. 1957).

VI. However, in the instant case the plaintiffs have exhausted
the remedy provided which consumed a period of three months prior
to the filing of this lawsuit.


Respectfully Submitted,
[Signature]
DONALD L. HOLLOWELL
859½ Hunter St., N. W.
Atlanta 14, Georgia

[Signature]
THURGOOD MARSHALL
CONSTANCE BAKER MOTLEY
DERRICK A. BELL
10 Columbus Circle
New York 19, New York

ATTORNEYS FOR PLAINTIFFS


- 5 -