The plaintiffs, black faculty members and students of Virginia State College and black high school students, complain that Virginia is still operating a racially identifiable dual system of higher educa tion and that escalation of predominantly white Richard Bland College from a two-year institution to a four-year college will frustrate the efforts of its neighbor, predominantly black Virginia State College, to desegregate. They seek to enjoin the escalation of Bland, to require its ultimate merger with Virginia State and to require state officials to prepare a plan for the desegregation of every state supported college and university in Virginia. Named as defendants are the Governor of Virginia, the State Council of Higher Education, the Board of Visitors of the College of William and Mary, the President of Richard Bland College, and the Board of Visitors of Virginia State College.
Because the suit challenges the constitutionality of the Appropriations Act of 1970, ch. 461, Item 600, p. 754 (Acts of Assembly 1970), which provides for the escalation of Bland,1 the Attorney General of Virginia representing the Governor and the Council, moved for a three-judge court pursuant to 28 U.S.C. § 2281. His motion was granted, and the plaintiffs’ subsequent motion to dissolve the court is denied. Alabama State Teachers Ass’n v. Alabama Public School and College Auth., 289 F.Supp. 784 (M.D.Ala. 1968), aff’d mem., 393 U.S. 400, 89 S.Ct. 681, 21 L.Ed.2d 631 (1969).
*1370We hold that the provisions of Item 600 for Bland’s escalation violate the 14th amendment because they serve to perpetuate a state supported racially identifiable dual system of higher education, Consequently, the Board of Visitors of the College of William and Mary and the President of Richard Bland College will be enjoined from escalating Bland. We deny the other relief which the plaintiffs seek.
Prior to Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), Virginia’s constitution and statutes required all state supported institutions of higher learning to be racially segregated. The state operated two Negro undergraduate colleges, Norfolk State and Virginia State, and it appropriated funds for black graduate students to study in other states. White undergraduate and graduate students were eligible to attend the state’s other colleges and universities.
Since Brown, the state has permitted all students to apply to the college of their choice. Nevertheless a racially identifiable dual system of higher education exists in Virginia today. Black students comprise approximately 12% of the enrollment in the state’s 15 four-year colleges and graduate schools, yet 81% of them are concentrated in the two colleges which formerly were segregated by law. At the other end of the spectrum, only Virginia Commonwealth University has a black enrollment as high as 7%, and in ten of the fifteen colleges and universities black students constitute less than 2% of.the enrollment. The state also operates three two-year branches of other institutions. Of these, only one has a black enrollment of more than 8%. On the other hand, many of the sixteen community colleges created under the Virginia Community College Act of 1966, Va. Code Ann. §§ 23-214 through 231 (Repl. Vol.1969, have substantial black enrollments.
The College of William and Mary is the state’s oldest educational institution. Fifty-one of its 3,750 graduate and undergraduate students are black. With the exception of one black graduate student who has a part-time administrative position, all of its faculty and administrative staff are white. The members of its Board of Visitors are white.
Bland was established in 1960 as a two-year branch of the College of William and Mary. In the exercise of its stewardship over Bland, William and Mary controls the expenditure of appropriations, makes rules and regulations, and is responsible for the selection of faculty and administrative staff. Va. Code Ann. § 23-49.1 (Repl. Vol. 1969). In the current academic year, 14 of Bland’s 841 students are black. It has never had a black faculty member. Not until last year did its catalogue mention that it was open to all students regardless of race, and only recently has it attempted to recruit applicants from predominantly black high schools and to employ black faculty.
Virginia State College, established in 1882, was segregated by law until Brown was decided in 1954. From 1954 to 1964, although segregation in education had been legally abolished, the college accepted no white undergraduates and employed no white faculty members. In 1964, control of Virginia State was transferred from the State Board of Education to an integrated board of visitors. Since then, Virginia State has actively pursued a policy of recruiting white students and faculty. Its admissions officers have found it difficult to attract white students to a college which until very recently was black, and its enrollment of 2,524 includes only 70 white students. But even so, the number of its minority students compares favorably with other four-year colleges in the state. The college has been more successful in obtaining white faculty, hiring 43 white teachers since 1964.
Virginia State and Bland are located near Petersburg, Virginia, only about seven miles apart. Both colleges compete for students from nearby communities, although all students at Bland commute and the majority at Virginia State *1371do not. The President of Virginia State, who, with its Board of Visitors, opposes escalation of Bland, testified:
“[I]f Richard Bland is escalated to four years * * * it would have a tremendously disastrous effect upon Virginia State’s ability to attract and to hold white students from this particular area. Richard Bland represents, and I am afraid will continue to represent, the white institution to which whites go * * *. In addition it seems to me that the escalation of Richard Bland could do nothing more than duplicate what is already being offered at Virginia State College.”
Despite some testimony from William and Mary witnesses that white students would continue to enroll at Virginia State, we find that escalation of Bland would hamper Virginia State’s efforts to desegregate its student body. The realities of the situation support this finding: the colleges are located close to each other; as four-year colleges they would offer substantially the same curricula; if Bland were escalated, white students would be more likely to seek their degrees at predominantly white Bland than at predominantly black Virginia State; and the part Bland now plays in sending some white students to Virginia State for their last two years would substantially decrease.
The President of Virginia State is not alone in his opposition to escalating Bland. The Virginia Commission on Higher Education Facilities, the Council, and the Governor, have all recommended that Bland be included in the state’s two-year community college system.2 In pressing for escalation, the representatives of William and Mary and Bland seek a goal almost without precedent. While other two-year colleges have been escalated, only in one other instance has Virginia established in the same community two full-fledged colleges offering similar curricula and degrees. The single exception is in Norfolk, where Old Dominion College, more than 98% white, and Norfolk State College, nearly 98% black, are located. Three two-year colleges recently have been escalated to four-year, degree-granting institutions. They are George Mason, in Fairfax County, Clinch Valley, in Wise County, and Christopher Newport, in Newport News. However, in none of these localities is there any other state supported four-year college. From the evidence, it is reasonable to infer, therefore, that the purpose and effect of Bland’s escalation is to provide a four-year college for white students who reside nearby. There can be little doubt that this will contribute to the perpetuation of Virginia’s dual system of higher education.
The Supreme Court has long held that the 14th amendment forbids racial discrimination in higher education. Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950); Sipuel v. University of Oklahoma, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247 (1948); Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208 (1938). And the doctrine of “separate but equal” college facilities for Negroes has been expressly repudiated. Florida ex rel. Hawkins v. Board of Control, 350 U.S. 413, 76 S.Ct. 464, 100 L.Ed. 486 *1372(1956); Alabama State Teacher Ass’n v. Alabama Public School and College Auth., 289 F.Supp. 784 (M.D.Ala.1968), aff’d mem., 393 U.S. 400, 89 S.Ct. 681, 21 L.Ed.2d 631 (1969); Sanders v. Ellington, 288 F.Supp. 937 (M.D.Tenn.1968). Nevertheless, the defendants (with the exception of Virginia State) insist that the state has complied with the 14th amendment by terminating its former policy of segregating students and faculty. Good faith admission and employment policies administered without regard to race, coupled with freedom of choice, they urge, are all that the Constitution requires of a state. In support of their argument they rely on the Supreme Court’s memorandum decision summarily affirming Alabama State Teachers Ass'n v. Alabama Public School and College Auth., 289 F.Supp. 784, 789 (M.D.Ala.1968), aff’d mem., 393 U.S. 400, 89 S.Ct. 681, 21 L.Ed.2d 631 (1969), where the district court said:
“We conclude, therefore, that as long as the State and a particular institution are dealing with admissions, faculty and staff in good faith the basic requirement of the affirmative duty to dismantle the dual school system on the college level, to the extent that the system may be based upon racial considerations, is satisfied.”
This, say the defendants, is the controlling law of the case.
We cannot subscribe to the proposition that the Supreme Court represented in a one sentence memorandum decision that it approved every statement in the district court’s opinion. The rule is appropriate for the result reached in Alabama State Teachers Ass’n, but removed from its context, it does not furnish a universal definition of a state’s obligation to abolish a racially dual system of higher education. See Sanders v. Ellington, 288 F.Supp. 937, 942 (M.D.Tenn.1968); Note, The Affirmative Duty to Integrate in Higher Education, 79 Yale L.J. 666 (1970).
The facts in Alabama State Teachers Ass’n differ significantly from the case before us. There a three-judge district court refused to enjoin the construction in Montgomery of a new four-year branch of Auburn University, a historically white state institution. The court recognized that the state has an affirmative duty to dismantle the dual system of higher education. However, since the branch was to be a new school and had no racial identification, the record did not support plaintiffs’ speculations that the new branch was for white students. On the strength of assurances that the Auburn branch would treat admissions, faculty and staff without discrimination, the court expressed confidence that the new branch would be administered as “just a school.” The court also relied on the absence in Montgomery of any other four-year college — black or white — that possessed the educational resources of Auburn. In addition, Auburn, the parent institution, was complying in good faith with a court order to integrate its facilities, and it was actively recruiting black faculty members.
The situation at Bland is not the same. Bland already has a ten-year history of an all-white faculty and a virtually all-white student body. Second, unlike the black school in Montgomery, which was primarily a teachers’ college, Virginia State’s increasingly integrated faculty offers a full range of courses, which Bland would largely duplicate. Finally, the racial composition of students and faculty at Bland and William and Mary do not permit us to predict confidently that Bland will soon shed its racial identity and be operated as “just a school.”
The defendants’ argument is reminiscent of the dictum in Briggs v. Elliott, 132 F.Supp. 776, 777 (E.D.S.C.1955): “The Constitution * * * does not require integration. It merely forbids discrimination.” But this dictum, long followed by the courts of this circuit, is now “dead.” Walker v. County School Bd. of Brunswick County, 413 F.2d 53, 54 n. 2 (4th Cir. 1969), cert. denied, 396 U.S. 1061, 90 S.Ct. 753, 24 L.*1373Ed.2d 755 (1970). In its place is a positive mandate charging the states “with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch.” Green v. County School Bd. of New Kent County, 391 U.S. 430, 437, 88 S.Ct. 1689, 1694, 20 L.Ed.2d 716 (1968). In Green, though the Court was dealing with discrimination affecting public school pupils, it defined a constitutional duty owed as well to college students. The means of eliminating discrimination in public schools necessarily differ from its elimination in colleges, but the state’s duty is .as exacting. . Thus, to paraphrase Green, 391 U.S. at 442, 88 S.Ct. 1689, a state is obliged to convert its white colleges and black colleges to just colleges. See Sanders v. Ellington, 288 F.Supp. 937, 942 (M.D.Tenn.1968). The record discloses that Virginia has taken important steps in this direction. All Virginia colleges now admit students of both races, and there is no evidence that the state discriminates with respect to appropriations. But these measures have not abolished the racial identity of its colleges.
We need not trace the perimeter of a state’s obligation to dismantle all racial characteristics of a system of higher education that was initially segregated by law. It is sufficient for the purposes of this case to hold, as we do, that one agency of the state, Bland, cannot impede another agency of the state, Virginia State, in its efforts to fully integrate its student body. Therefore, the provisions of Item 600 of the Appropriations Act, which provide for the escalation of Bland, offend the 14th amendment. Recently, the Supreme Court, speaking of public schools, admonished:
“In devising remedies where legally imposed segregation has been established, it is the responsibility of local authorities and district courts to see to it that future school construction and abandonment is not used and does not serve to perpetuate * * * the dual system.” Swann v. CharlotteMecklenburg Board of Education, 402 U.S. 1, 2, 91 S.Ct. 1267, 1270, 1279, 28 L.Ed.2d 554 (1971).
This admonition, we believe, also applies to remedies for eliminating a dual system of higher education. Accordingly, we will enjoin Bland and its parent, William and Mary, from escalating Bland into a four-year college.
The record does not support the request for the merger of Bland and Virginia State. Bland can perform a valuable service as a two-year college. This is the role that the Commission, the Council, and the Governor, have recommended for it. No present need has been established for adding its facilities to Virginia State. These facts are recognized by the plaintiffs, who speak of the “ultimate merger” of the institutions, and by Virginia State officials who do not press for this relief. The plaintiffs’ prayer, however, is not without precedent. E. g., Bradley v. Board of Public Instruc., Civ. No. 64-98-T (M.D.Fla., Mar. 15, 1965). Future develop ments at Bland or Virginia State may alter the present situation, but rather than retain this case on the docket for eventualities that may never occur, we deny this relief without prejudice.
We also deny the plaintiffs’ request for an order directing the Governor and the Council to prepare a plan for the desegregation of all state colleges and universities. Again we recognize that there is precedent for relief of this kind. E. g., Sanders v. Ellington, 288 F.Supp. 937 (M.D.Tenn.1968). But the persons necessary for adjudicating this phase of the case have not been sued. The legislature vested control over each institution in its board of visitors, not the Governor or the Council. See generally Va.Code Ann., §§ 23-5 through -16 (Rep.Vol. 1969). Any plan drawn by the Council would be advisory only. Consequently, we deny relief on procedural grounds without comment on its merits.
*1374The motion to dismiss the Governor and members of the Council for failure to state a claim against them is granted.
. Item 600 provides:
“Richard Bland College, at Petersburg
*****
“Operating expenses of educational and general activities including escalation to third- and fourth-year status........... .........'..........$420,625 $558,305.”
. See State Council of Higher Education for Virginia, The Virginia Plan for Higher Education, p. 40 (1967); Virginia’s State Plan: Response to Department of Health, Education and Welfare Relative to Title VI, Civil Rights Act of 1964, p. 16 (1970).
The Council also recommended that Patrick Henry College and Eastern Shore, which are two-year branches of the University of Virginia, should he transferred to the community college system. Since the trial of this case, the Board of Visitors of the University of Virginia accepted this recommendation and authorized the transfer. Richmond Times-Dispatch, Apr. 4, 1971, § C, p. 2, col. 2. After the transfer is completed, Bland will remain the only two-year state supported college in Virginia not part of the community college system.