Sweet Briar Institute v. Button

ALBERT V. BRYAN, Circuit Judge:

On the appeal of Sweet Briar Institute, our order of abstention was reversed by the Supreme Court with directions for consideration of the case on its merits. The present posture of the suit is, then, that it stands sub judice for decision on the original submission. Because our first opinion [see Appendix] recited the history of the litigation, the material facts and the adversary contentions, we go immediately to the issue at hand: whether the State of Virginia may enforce the provision in the will of the founder of the college restricting enrollment to “white…