CARSON v. WARLICK

No. 7281.

238 F.2d 724 (1956)

Lionel C. CARSON, Infant, By His Next Friend, Martin A. Carson et al., Petitioners, v. Honorable Wilson WARLICK, United States District Judge for the Western District of North Carolina, Respondent.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1956.


Attorney(s) appearing for the Case

Samuel S. Mitchell, Raleigh, N. C. (Herman L. Taylor, and Taylor & Mitchell, Raleigh, N. C., on brief), for petitioners.

Roy W. Davis, Marion, N. C., for respondent.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and BRYAN, District Judge.


PARKER, Chief Judge.

This is an application for a writ of mandamus in the case wherein Negro children of Old Fort in McDowell County, North Carolina, allege that the Board of Education of that county is exercising discrimination on the grounds of race in refusing to admit them to schools maintained in the town of Old Fort. When the case was before us on appeal, we held that the court below erred in dismissing the case as moot, but ruled that, in further proceedings...

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