James A. Hammond & Hazel Louise Gibson v. The Univ. of Tampa, 344 F.2d 951 (5th Cir. 1965). · Go Syfert
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James A. Hammond & Hazel Louise Gibson v. The Univ. of Tampa, 344 F.2d 951 (5th Cir. 1965). Cases Citing This Book View Copy Cite
11 citation events across 5 distinct courts.
Strongest positive: Robert H. Morast v. T. Bertram Lance (ca11, 1987-01-14) · Strongest negative: 14 Fair empl.prac.cas. 897, 13 Empl. Prac. Dec. P 11,584 Dr. Ina Braden on Behalf of Herself and All Others Similarly Situated v. The University of Pittsburgh and Wesley W. Posvar (ca3, 1977-03-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "but see" 14 Fair empl.prac.cas. 897, 13 Empl. Prac. Dec. P 11,584 Dr. Ina Braden on Behalf of Herself and All Others Similarly Situated v. The University of Pittsburgh and Wesley W. Posvar
3rd Cir. · 1977 · signal: but see · confidence high
But see Hammond v. University of Tampa, 344 F.2d 951 (5th Cir. 1965); Belk v. Chancellor of Washington University, 336 F.Supp. 45 (E.D.Mo.1970).
cited Cited "but see" Braden v. University of Pittsburgh
3rd Cir. · 1977 · signal: but see · confidence high
But see Hammond v. University of Tampa, 344 F.2d 951 (5th Cir. 1965); Belk v. Chancellor of Washington University, 336 F.Supp. 45 (E.D.Mo.1970).
cited Cited "see" Robert H. Morast v. T. Bertram Lance
11th Cir. · 1987 · signal: see · confidence high
See Hammond v. University of Tampa, 344 F.2d 951 (5th Cir.1965).
discussed Cited "see, e.g." Donald L. Dobyns, Mark Lee and Randall Eugene Bullock v. E-Systems, Inc.
5th Cir. · 1982 · signal: see also · confidence low
See also, Hammond v. University of Tampa, 344 F.2d 951 (5th Cir. 1965) (holding state action present in the admissions practices of a private university established largely through the use of surplus city buildings and other city land).
Retrieving the full opinion text from the archive…
James A. HAMMOND and Hazel Louise Gibson, Appellants,
v.
the UNIVERSITY OF TAMPA Et Al., Appellees
21512.
Court of Appeals for the Fifth Circuit.
May 6, 1965.
344 F.2d 951
Frank H. Heffron, Jack Greenberg, New York City, Francisco A. Rodriguez, Tampa, Fla., Constance Baker Motley, New York City, for appellants., David C. G. Kerr, Charles F. Blake, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellees, Chester H. Ferguson, Tampa, Fla., of counsel.
Tuttle, Rives, Bell.
Cited by 11 opinions  |  Published
PER CURIAM:

This is an appeal from an order dismissing a complaint brought by Negro plaintiffs seeking an injunction to prevent the University of Tampa from continuing its policy of restricting admissions to white persons. Although the University of Tampa is not a state or city institution in the usual sense, its establishment was largely made possible by the use of a surplus city building and the use of other city land leased for the University purposes. Under Derrington v. Plummer, 5 Cir., 240 F.2d 922, and Hampton v. City of Jacksonville, 5 Cir., 304 F.2d 320, the City’s involvement in the establishment and maintenance was of such a nature as to require a holding that “state” action under the Fourteenth Amendment was involved in the denial of appellants’ rights.

However, during the appeal the University’s governing body has withdrawn racial barriers, and we are informed that some Negro students have been enrolled. Thus, no injunctive order seems to be required to vindicate appellants’ constitutional rights.

The judgment is reversed and the case is remanded to the trial court to retain jurisdiction for a reasonable time to permit it to determine that the appellees have commenced to, and will continue to,[*952] operate the University in such manner as will not discriminate against the appellants and the class for which they sued. Reversed and remanded.