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COVINGTON v. EDWARDS

No. 7802.

264 F.2d 780 (1959)

Helen COVINGTON, personally and as mother and next friend of Cornett Covington et al., Appellants, v. J. S. EDWARDS, Superintendent of Schools of Montgomery County, North Carolina, E. R. Wallace, D. C. Ewing, Harold A. Scott, James R. Burt and James Ingram, members of the Montgomery County Board of Education, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 19, 1959.

Attorney(s) appearing for the Case

Jack Greenberg, New York City, and J. Kenneth Lee, Greensboro, N. C. (Conrad O. Pearson, Durham, N. C., and Thurgood Marshall, New York City, on the brief), for appellants.

Thomas F. Ellis, Raleigh, N. C. (Garland S. Garriss, Troy, N. C., on the brief), for appellees.

Ralph Moody, Asst. Atty. Gen. of North Carolina (Malcolm B. Seawell, Atty. Gen. of North Carolina, on the brief), for State Board of Education and State Superintendent of Public Instruction.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

The parents of a number of Negro children in Montgomery County, North Carolina, brought this suit to secure an injunction against the Superintendent of Schools and the County Board of Education, directing the defendants to present a plan of desegregation of the races in the schools and forbidding them to assign Negroes to particular schools because of their race. The complaint was filed on July 29, 1955, as a class action by thirteen adults personally...

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