The Papers of Edmund M. Morgan, Jr. (1878-1966)
1906-1964
Preliminary Register
Biographical Sketch
Edmund M. Morgan, Jr., was born on November 11, 1878, in Mineral Ridge, Ohio. After
graduating from Ohio public schools, he attended Harvard University. He received the Bachelor of
Arts in 1902, the Master of Arts in 1903 and a Bachelor of Laws in 1905. He later completed
another Masters degree at Yale (1919). On April 26, 1911, he married Elsie Sears Smith. They had
two children, Roberta Mary and Edmund Sears Morgan.
Morgan began his career by practicing law with Coryate Wilson in Duluth, Minnesota, from
1905 to 1912. While in Duluth, he also served as both assistant and acting city attorney (19081910) and as special counsel to the Duluth Charter Commission. He joined the faculty of the
University of Minnesota Law School in 1912 and served until 1917. From 1917 to 1925, he was a
member of the Yale Law School faculty. He actually began his career at Yale with a brief hiatus,
however, serving the United States Army as an assistant to the Judge Advocate General from 1917
to 1919, holding the ranks of Major and Lieutenant Colonel.
Morgan left Yale for Harvard in 1925, serving as Royall Professor of Law until he reached
mandatory retirement age in 1950. During the summers, he taught at Columbia, North Carolina,
Kansas, Colorado, Texas, Washington, Stanford, and Southern California. In 1936-37 and 194245, he was Acting Dean of the Harvard Law School. Upon his retirement, he joined the faculty of
the Vanderbilt University Law School and was named Rand Professor of Law in 1951. He taught
at Vanderbilt until approximately 1962.
From 1935 to approximately 1962, Morgan served as editorial director for the Foundation
Press, a major publisher of legal scholarship and teaching materials. During the 1940s and 1950s,
he was involved in several important legal reform efforts. From 1935 to 1956, he served on the
Advisory Committee of the U.S. Supreme Court on Rules of Civil Procedure, drafting the original
set of rules adopted by the Committee. He served the war effort from 1942 to 1945 by chairing the
War Shipping Panel of the War Labor Board. In the early 1950s, he chaired the committee that
drafted a Uniform Code of Military Justice. Also in the 1950s, he served as a consultant for the
territory of Puerto Rico and the State of Israel, developing codes of civil procedure for each. In the
course of his career, Morgan authored or co-authored six books and wrote over 100 articles for
professional journals. He remained a keen and active scholar almost until the time of his death in
Nashville in January 1966, at the age of 87.
Scope and Content Note
The papers of Edmund M. Morgan, Jr., date from approximately 1906 to 1964 and
document his lengthy and distinguished career as an attorney, a legal scholar, a teacher, and a public
servant. The bulk of the collection dates from the 1940s and 1950s. Extensive correspondence,
Morgan's own writings, and papers related to his professional activities provide insight into his
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scholarship and record his part in such important proceedings as the simplification of the federal
rules for civil procedure and the modernization of the code of military justice. Other materials
reflect his role in the development of rules for civil procedure in Puerto Rico and Israel. An
extensive file of course materials documents Morgan's approach to teaching the law. The Morgan
Papers are arranged in seven series:
I.
II.
III.
IV.
V.
VI.
VII.
Biographical and Personal Papers
Correspondence
Writings
Professional Activities and Service
Course Materials
Cases
Collected Writings
Series Descriptions
Series I: Biographical and Personal, 1906-63, nd (.35 cu.ft.)
Biographical sketches, resumes, personal financial and legal documents, memorabilia such
as certificates and original cartoons, and photographs. Of particular interest is a manuscript
autobiographical sketch written for the Fiftieth Anniversary Report of the Harvard Class of 1902.
Arranged alphabetically by document type.
Series II: Correspondence, c. 1906-1964, nd (6.00 cu.ft.)
Consists primarily of professional correspondence dating from the 1930s to the 1950s.
Documents Morgan's scholarly and professional activities, especially his work as editorial director
of the Foundation Press. Includes significant correspondence with Supreme Court Justice Felix
Frankfurter, Puerto Rico Chief Justice A.C. Snyder, and New Jersey Supreme Court Justice Arthur
Vanderbilt. Also includes autograph letters from President Dwight D. Eisenhower, Senator John F.
Kennedy, Senator Estes Kefauver, and Supreme Court Justice Byron White. Arranged
alphabetically and chronologically.
Series III: Writings, 1927-62 (1.00 cu.ft.)
Notes, drafts, and published versions of books, speeches, and articles by Morgan. Arranged
alphabetically by title.
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Series IV: Professional Activities and Service, 1937-60
(3.00 cu.ft.)
Reports, notes, publications, and correspondence regarding activities engaged in by Morgan,
primarily as a service to the nation or to the legal profession, but in some instances as a paid
consultant. Includes information related to the revision of the federal rules for civil procedure and
the development of a Uniform Code of Military Justice, as well as to the development of rules of
civil procedure for Puerto Rico and Israel. Arranged by subject or by name of organization served.
Series V: Course Materials, 1926-62, nd (2.75 cu.ft.)
Lecture notes and handouts for courses in civil procedure, evidence, jurisprudence, legal
history, and trial and appellate practice, dating primarily from Morgan's Harvard and Vanderbilt
years. Includes the full text of weekly lectures delivered for a Harvard course in jurisprudence
during the academic year 1926-27. Arranged alphabetically by course.
Series VI: Cases, 1942-61, nd (.35 cu.ft.)
Depositions, briefs, and decisions for a variety of cases that Morgan apparently used for his
courses or his own research or for which he served counsel in a consulting capacity. Includes
information regarding the 1952 prosecution of Alger Hiss. Arranged alphabetically by title of case.
Series VII: Collected Writings, 1914-62 (.25 cu.ft.)
Typescripts or published versions of articles, speeches, and publications on legal issues.
Arranged alphabetically by title within each document type.
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INVENTORY
Box 1: Series I -- Biographical and Personal
Biographical sketches and resumes, 1942, 1946, 1949, 1951-52,
Financial, 1908, c. 1950s
Legal documents, 1911, 1938, 1952, 1954, 1960, 1963
Memorabilia
Bar associations, nd, 1953-54, 1957-59
Cartoons, 1936, 1955, nd
Certificates, nd, 1948-49, 1956
Clippings, 1957, 1959
Harvard Law School, nd, 1954-56
Harvard University, nd, 1906, 1927, 1936, 1938, 1949-50,
Harvard University -- Tercentenary, 1936
Miscellany, nd, 1924, 1926, 1933, 1954
Photographs, nd
1956, 1961, 1963
1953, 1956-57
Box 2: Series II -- Correspondence
A-Am
An-Ay
Ba-Bre
Ca-Ch
Ci-Cu
Casebook correspondence, 4th ed., 1955-56
Casebook correspondence, 1957-63
Clark, Charles E., 1949-59
Columbia University lectures, 1954-56
Conant, J.B., 1935-36
D
E
F
Frankfurter, Felix, nd, 1933-63
Ga-Gi
Gl-Gu
Goodrich, Herbert F., 1953-54, 1961-62
Griswold, Erwin, 1931-62
Ha
He-Hu
Harvard, 1945-64
Harvard Law School, 1948-52
Harvard-Yale, re: employment, 1918-50
Hiss, Alger, Case, 1951-63
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Box 3: Series II -- Correspondence (cont'd)
I
J
K
La
LeMann - Levi
Levin, A. Leo - Lewis, William Draper
Li-Lu
Maggs - Maguire
Maguire - Mayers
Mc
Me-Mo
Mu
Magazines
Morgan - Personal, nd, 1950-63 (2f)
N
O
Osborn, Albert S. and Albert D. (son), 1935-40, 1950
Pa-Pi
Po-Pu
Pound, Roscoe, 1928-63
President's Commission on Internal Security and Individual Rights, 1951
Puerto Rico, 1953-61
Q
Ra-Ri
Ro-Ru
Recommendations, A-Z (3f)
Box 4: Series III -- Correspondence (cont'd)
Retirement congratulations, 1949-50
Rules, Procedure & Evidence (Advisory committees, etc.), 1958-61
Sa-Sk
Sl-Sp
St-Sw
Sacco-Vanzetti, 1947-63
Students, 1960-61
T
Texas, Univ. of, nd, 1944-45
Thurston, Prof. & Mrs. Edward S., 1928-48
U
V
Vanderbilt, Arthur, 1945-57
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Vanderbilt University, nd, 1953-61
Vanderbilt University -- James Lawson Case and Student
Wa-Wh
Wi
Wo-Wy
Weinstein, Jack B., 1953-62
Y-Z
Sender not identified, nd, 1936, 1954-55, 1963
Box 5: Series II -- Correspondence (cont'd)
Disciplinary Procedure, 1960
Foundation Press -- Authors/Editors
A
B
Ca-Ch
Co-Cu
[re] Chafee, et. al.
D
E
F
Ga-Go
Gr-Gu
Hackley - Haskins
Hanna & MacLachlan
Hawkland - Honnold
I-J-K
L
Leach
Ma-Mc
Me-Mu
N-O
P
R
Sa-Sc
Se-So
St-Su
Box 6: Series II -- Correspondence (cont'd)
Foundation Press -- Authors/Editors (cont'd)
T
V
W
Foundation Press -- General
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A
B
Benton, Donald S., June 1957-1960 (2f)
C
D
Darr, Loren, nd, 1933-37, 1939-41, 1948-64 (20f)
F
G-J
K
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Box 7: Series II -- Correspondence (cont'd)
Foundation Press -- General (cont'd)
L
Levins, Richard T., 1949-56 (3f)
M
Magill, Roswell, 1933-48
Maguire, John M., 1933-51
P
R
Read, M.E., 1933-37 (2f)
S
T
Vogel, F.M., 1937-39
W-Y
Foundation Press -- Miscellany, c. 1942-61 (3f)
Box 8: Series III -- Writings
Unidentified notes and fragments, nd
Untitled, nd
Untitled:
28 May 1938 Buffalo, NY
6 May 1939 Benchers
12 May 1939 American Law Institute, Washington, D.C.
20 Oct 1939 Ohio Bar Association
9 Apr 1940 Boston College Law School Tenth Anniversary
?? Dec 1941 Lincoln, Nebraska
?? May 1945 Harvard Club of Houston, TX
20 May 1946 New Bedford Bar Association
13 Dec 1946 Mississippi
?? Mar 1949 Harvard Law School Alumni, Pittsburgh
21 Apr 1949 Brandeis Society, Philadelphia
10 Oct 1952 Outline of lectures, Institute for Practicing
Lawyers on Current Legal Problems, Vanderbilt
Law School, Nashville, TN
24 May 1956 Annual meeting of the National Conference of
Judicial Councils, Washington, D.C.
?? Mar 1958 South Carolina Institute
1 May 1959 University of Missouri Law School Law Day
26 Feb 1960 Tennessee Bar Association, Jackson, TN
18 Sep 1962 Civitans, Nashville, TN
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Books
Legacy of Sacco and Vanzetti -- Notes, clippings,
1959, nd
Evidence: Cases and Materials
miscellany, 1927, 1936, 1947,
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Box 8 (cont'd): Series III -- Writings (cont'd)
Folder A-C
"Admissions," nd (4 separate speeches)
"American Law Institute's Code of Evidence," Hershey, PA, 26 Sep 1942
"Appeal and Error," nd
"Assumed Risks," nd
"Code of Evidence," Federal Judicial Conference of the 4th Circuit, Asheville, NC, 21 June 1941
(2 drafts)
"Codification of Evidence," Centenary, New York University Law School, 29 Sept 1948
"Comments on the Code of Evidence," American Judicature Society,
3 Nov 1943
Columbia lectures, 1955
Folder E-H
"Evidence," nd
"Exceptions to the Hearsay Rule -- On What Theory?," nd
"Fresh Complaint in Rape as Hearsay," nd
"Fundamental Assumptions," Vermont Bar Association, 3 Oct 1945
"Future Interests Restatement -- Open Letter to the Reporter,"
Ann Arbor, Michigan, 3 Oct 1933
"Future of the Law of Evidence," Texas Law Review, 25 Jan 1951
"A Gentleman Departs," [obit of Joseph Warren of Harvard Law
School], Harvard Law Review, October 1942
"The Hearsay Rule," Columbus, 1941
"The Hearsay Rule," Toledo, nd
"Hearsay -- What is It?," nd
"An Honest Confession May be Good for the Soul, But Not for the FBI," nd
Folder I-O
"Impartial Medical Testimony -- A Report by a Special Committee of the Bar of the City of New
York," 1956
"International Codification of Evidence," nd
"The Judge as a Social Philosopher," nd
"Jurisdiction and Venue," nd
"The Law and the Average Man," nd
"The Lawyer and the Community," nd
"Lectures Introductory to the Study of Law," University of Minnesota, nd
"The Medical Witness," nd
"The Medical Witness," Vanderbilt, April 1959
"Outline and Suggestions for Teachers, Cases on Evidence," 1937
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Box 8 (cont'd): Series III -- Writings (cont'd)
Folder P
"Pleading," nd
"Preliminary Consideration," Arkansas Bar Association, Hot Springs, 12 May 1944
"The President and the Supreme Court," Arlington [Va.?], 30 April 1937
"Professional Ethics," [outline], 18 Oct 1946 (2 drafts)
"Proposed Reforms in the Law of Evidence," nd (2 drafts)
Folder R
"Recent Legal Developments," Vanderbilt University, 19 Oct 1956
"Reform in Procedure and Evidence," nd (2 copies)
"Relation Between Pleading Discovery and Pre-Trial Procedure," nd
Review -- Some Problems of Equity by Zechariah Chafee, University
of Michigan Law Society, 1950
"Rule of Reason in Evidence," nd
"Rule of Reason in Hearsay," nd
"Rules of Evidence -- Substantive or Procedural?," nd
Folder S-T
"A Selection of Cases on Evidence at the Common Law," 1933
"Some Needed Reforms in the Law," nd
"Some Observations Upon the Rules of Evidence," nd
"Some Remarks Upon Legal Ethics," New Haven Bar Association, January 1934
"State Law in Federal Courts," Vanderbilt Law Institute, 1 November 1957 (2 copies)
[intro to] The Strange Case of Alger Hiss by The Earl Jowitt, nd
"Suggested Remedy for Obstructions to Expert Testimony by Rules of Evidence," 1943
"That Glorious Mystery -- The Law of Evidence," Louisiana State
Bar Institute, May 1957 (2 copies)
Folder U-W
"The Uniform Rules and the Model Code," nd (2 copies)
"The Uniform Rules of Evidence," Federation of Insurance Counsel,
August 1959
"Uniform Rules of Evidence," -- Notes, nd
"Uniform Rules of Evidence," -- Mississippi Junior Bar Institute,
December 1957
"Use of Evidence to Establish Facts in Law," nd
"We are Met on Form 1040," nd [taxpayer's parody of Lincoln's
Gettysburg Address]
"What is Hearsay?," nd
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"What is Hearsay? -- Hearsay and Non-Hearsay," nd
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Box 9: Series IV -- Professional Activities and Service
American Bar Association, 1943-50, 1954, 1965
American Law Institute
General, 1941-52
Basic Problems of Evidence, 1957-63
Model Code Institutes, alphabetical by cities or state bar
associations, 1941-42 (5f)
Association of American Law Schools, 1947-50, 1959-60 (2f)
Consulting, 1947-49
International Congress of Comparative Law, Paris (1954), 1953
Military Justice, Uniform Code
Correspondence, nd, 1948-50, 1952-54 (4f)
Draft manual, nd
Miscellany, nd, 1948, 1952
Notes, nd
Press releases, 1950, 1953
Senate and House Bills, 1949
Statements, nd, 1949
Text, nd
Text -- Proposed revisions, nd
Rules for Civil Procedure, Federal Supreme Court Advisory Committee
Clark, Charles E., 1937-46
Mitchell, William D., 1937-50
1935-50 (3f)
Box 10: Series IV -- Professional Activities and Service
(cont'd)
Rules for Civil Procedure, Federal Supreme Court Advisory Committee (cont'd)
1935-50 (2f)
1951 - June 1953
July - December 1953
January - April 1954
May - October 1954
November 1-15, 1954
November 16-25, 1954
November 26-29, 1954
November 30 - December 31, 1954
January 3 - March 1, 1955
March 5 - April 8, 1955
April 15, 1955
April 16 - May 20, 1955
June 1, 1955 - 1956
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Box 11: Series IV -- Professional Activities and Service
(cont'd)
Rules for Civil Procedure, Federal Supreme Court Advisory
Committee (cont'd)
No dates (2f)
Rules for Civil Procedure, Puerto Rico
Draft, nd (2f)
Final text, October 1954
Notes and misc., nd (2f)
Rules of Evidence, Puerto Rico, 1958
Subcommittee on Practice and Procedure, 1956
Uniform Rules of Evidence (Committee of the American Law
Uniform Rules of Evidence -- Israel, nd, 1953 (2f)
Institute), 1952-53 (2f)
Box 12: Series V -- Course Materials
Civil Procedure, c. 1950-62 (4f)
Evidence, c. 1951-62 (9f)
Evidence -- Notes, nd (3f)
Box 13: Series V -- Course Materials (cont'd)
Evidence -- Notes for proposed primer, nd
Harvard Law Exams, 1931-48 (3f)
Jurisprudence -- Classroom lectures, 1926-27 (2f)
Legal History [text from medieval England?]
Action Upon the Case
Assise of Last Presentation
Assise of Morte D'Ancestor
Assise of Novel Disseisin
Assise Utrum
Debt
Detinue
The Tremor
Trespass
Writ of Covenant
Writ of Entry
Writ of Right
Wrongs
Legal History -- unidentified, nd (5f)
Box 14: Series V -- Course Materials (cont'd)
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Misc., c. 1940-60
Mulvaney v. Lever, nd (3f)
Systematic Social Science, nd
Techniques in Legal Argument, 1934 (2f)
Trial and Appellate Practice, nd (3f)
Unidentified, nd (2f)
Vanderbilt Curriculum Committee, 1958-62
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Box 14 (cont'd): Series VI -- Cases
Brookside Theatre Corp. v. Twentieth Century Fox, nd (2f)
Margo Brown v. Pelican State Theatre Corp., nd
George M. Bryne v. U.S.A., 1952
Farnsworth (Guam -- Air Force Special Consultant ), 1947-51
Raymond J. Lamping v. U.S.A., 1942 (2f)
Lever Brothers, 1943-46, dn (2f)
Box 15: Series VI -- Cases (cont'd)
Lever Brothers, 1943-46, nd (1f)
Alyce Morgan v. The Bulletin Co., 1949
Florence M. Nuttall v. The REading Co., nd
United States v. Alger Hiss, 1952
United States v. Proctor and Gamble, 1942
United States v. Salvatore Annunziato, 1961
Box 15 (cont'd): Series VII -- Collected Writings
Articles/Essays (Folder 1 of 2)
Angell, Walter F. "A Providence Lawyer at the Caillaux Trial,"
1914
Bergdoll case, review of testimony, nd
Blaustein, Albert P. "NYCLA -- Giant of Bar Associations," nd
Braverman, Shelley. "Procedure and the Expert Witness," Journal
of Forensic Sciences Vol. 7, No. 3, July 1962
"The Case Method," nd
Cheatham, Elliott E. "The Inculcation of Professional Standards
and the Functions of the Lawyer," Tennessee Law Review
June 1951
Clark, Charles E. "'Clarifying' Amendments to the Federal Rules?"
----------------. Foreward to Pittoni's Brief Writing, 1954.
"Dictum or Decision," c. 1938
Dienner, John A. "Patent Law Associations," Journal of the
Patent Office Society, November 1950
Goodrich, Herbert F. "The Story of the American Law Institute,"
Washington University Law Quarterly, June 1951
Hammelman, H.A. "Hearsay Evidence, A Comparison," The Law
Quarterly Review, January 1951
"How to Teach Law," 1951
Johnstone, Quentin. "Law School and Legal Aid Clinics," Journal
of Legal Education, Vol. 3, 1951
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Box 15 (cont'd): Series VII -- Collected Writings (cont'd)
Articles/Essays (Folder 2 of 2)
Leach, W. Barton, ed. "Langdell Lyrics of 1938," 1938.
"Libelous Lyrics Written on Several Laughable Occasions," 1938.
McNaughton, John T. "The Privilege Against Self-Incrimination: Its Constitutional Affectation,
Raison d'Etre and
Miscellaneous Implications," Journal of Criminal Law,
Criminology, and Police Science, Vol. 51, No. 2, JulyAugust 1960.
Michael, Jerome. "The Basic Rules of Pleading," The Record
(Bar Association of New York City), Vol. 5, No. 4, April
1950.
Morland, John W. "Legal Education in Georgia," Mercer Law
Review Vol. 2, No. 2, Spring 1951.
Osborn, Albert S. "Science and the Law and Difficulties in Proving Forgery," Virginia Law
Review Vol. XVI, No. 5,
March 1930.
Powell, ?. "Constitutional Metaphors," nd.
Seasongood, Murray. "Public Service Lawyers in Local
Government," Syracuse Law Review,
Spring 1951.
Sims, Cecil. "Taking the Fifth Amendment -- A Case in Civil
Rights," nd.
Smith, Reginald Heber. "Loan Plan for Law Students," Quarterly
Report (Conference on Personal Finance Law), Vol. 5, No. 3,
Summer 1951.
"Uniform Commercial Code," June 1951.
Publications
Legislative Bulletin (Tennessee Bar Association), Jan-March, 1961
(7 issues)
The Mississippi Lawyer December 6-7, 1957
The Shingle (published by the Philadelphia Bar Association), Vol.
XVII, No. 7, October 1954.
West Virginia State Bar News, Vol. 1, No. 56, July-August 1959.
Speeches and Addresses
Caskey, John Fletcher. Remarks before the Evidence Section of
the Association of American
Law School Teachers, 29 Dec 1953.
Chadbourn, James H. "Uniform Rules of Evidence," Hollywood (CA)
Bar Association, 19 March 1954
Eisenhower, Dwight D. Remarks at Gettysburg, PA, 19 November ?
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Courts of the United States
Frankfurter, Felix. "Distribution of Judicial Power Between the
and the Courts of the States,"
New Jersey Bar Association, 2 June 1928
------------------. Remarks at the dinner of the American Law Institute on the occasion of Judge
Learned Hand's
retirement, Washington, D.C., 18 May 1951
Freund, Paul A. "The Supreme Court Crisis," Brandeis University, 12 November 1958.
Box 15 (cont'd): Series VII -- Collected Writings (cont'd)
Speeches and Addresses (cont'd)
Hanify, Edward B. Address. (date and occasion unknown)
Howland, Prof. Address at Yale University on Armistice Day,
11 November 1932.
Landis, Dean?. "Pre-Legal Education," nd.
Sims, Cecil. "The Lawyer and the Classics," address before the
annual meeting of the Arkansas Bar Association, Hot Springs,
13 May 1954.
Steele, Thomas M. "Why All the Fuss?" (excerpt), c. 1930.
Weinstein, Jack. "Some Thoughts on Legislation, Alcohol, and
Drivers in the United States,"
address delivered at the
Second International Conference on Alcohol and Road Traffic,
Toronto,
12
September 1953.
Wyzanski, Charles E., Jr. "Constitutionalism -- Limitations and
Affirmation," remarks at
Marshall Conference, 24 September 1955.
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© 2013 Vanderbilt University Special Collections and University Archives
[email protected] | (615) 322-2807