Opinion
Nos. 10016, 10017.
Argued May 10, 1949.
Decided June 13, 1949.
Appeals from the United States District Court for the District of Columbia.
Action by Washington Branch of the American Association of University Women, a corporation, against the American Association of University Women, a corporation, and others, to enjoin a threatened order of expulsion, consolidated with an action by Ruth Voris Lyons and others against Washington Branch of the American Association of University Women, a corporation, and others to prevent majority of defendant associations from denying membership to any applicant on ground of race, color or creed. From a consolidated judgment of the District Court, 79 F. Supp. 88, granting plaintiffs' motion for summary judgment in first action and defendants' motion for summary judgment in second action, defendants in first action and plaintiffs in second action appeal.
Consolidated judgment affirmed.
Mr. Charles A. Horsky, Washington, D.C., with whom Messrs. John Lord O'Brian, and Wilbur R. Lester, Washington, D.C., were on the brief, for appellants American Ass'n of University Women and others.
Mr. Warner W. Gardner, Washington, D.C., for appellants Washington Branch of American Ass'n of University Women.
Mr. John Alvin Croghan, Washington, D.C., for appellees.
Before CLARK, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.
We find no error in the record. We therefore adopt the opinion of Chief Judge Laws, reported in D.C., 79 F. Supp. 88, as the opinion of this court with some slight additions. Chief Judge Laws' admirable opinion is chiefly concerned with the corporation laws of Massachusetts, and with the question of the difference between general "eligibility" as defined in the national by-laws and actual branch membership which may depend upon the action of the local branch. We agree fully with Chief Judge Laws' position. But we think it desirable to add that there is another very important provision to be considered. That is, that on the undisputed record the national by-laws contain provisions for not only branch memberships but for national memberships not dependent on any branch. Nor is it necessary for branch members to have national membership or vice versa. We do not believe that the appellants have made any showing either on the ground covered by Judge Laws or on the additional ground here suggested.
The consolidated judgment is therefore
Affirmed.