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 VocationalOpinion
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.