[Legal filings in the case of Harris et al. vs. Ferguson et al.]

              IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE. DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION
DOUGLAS STEPHEN HARRIS,
et al.,
Plaintiffs,
v.
JAMES S. FERGUSON, Chancellor
of the University of North
Carolina, et al.,
Civil No. C-133-G-73
MEMORANDUM IN OPPOSITION
TO MOTION TO DISMISS
Defendants.-
FACTS
The. plaintiffs in this action are members of the student
body of the University of North Carolina at Greensboro.  During
the year 1973 they were also members of the Student Senate at
the University.  Tha defendants are the Chancellor of the University,
the members of the Board of Trustees and Leon Chestnut and Melinda
Pennix officers of the Neo-Black Society.
According to the allegations of plaintiffs' complaint, the
Neo-Black Society was a duly organized and chartered student
organization of the University of North Carolina at Greensboro.
The Society has a membership of approximately 145 students, all
of whom are black.  The Society has had appropriated for its use
and has received or will receive in excess of $3,000.00 during
the spring and summer semesters of 1973.  These funds allocated
to the Society are obtained from student fees which are charged
to the plaintiffs and all other full-time students at the
University.
In their complaint the plaintiffs alleged that the Society
has engaged in and continues to engage in a policy of vigorously
discouraging white membership.  White students who have inquired
into the possibility of joining the Neo-Black Society have been
informed by members of the Society that there presence would be
disruptive to black unity and have been discouraged from joining.
Indeed the aims of the Society are "to promote understanding and
a sense of unity among black students".  (Emphasis added)
SMITH, PATTERSON, FOLLIN 8 CURTIS ' T
ATTORNEYS AND COUNSELORS AT LAW