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HOLT v. RALEIGH CITY BOARD OF EDUCATION

No. 7758.

265 F.2d 95 (1959)

Joseph Hiram HOLT, Jr., a minor, by his Next Friend, Joseph Hiram Holt and Joseph Hiram Holt and Elwyna Holt, Appellants, v. RALEIGH CITY BOARD OF EDUCATION, A Body Corporate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 19, 1959.

Attorney(s) appearing for the Case

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

Thomas F. Ellis and J. C. B. Ehringhaus, Jr., Raleigh, N. C., for appellee.

Malcolm B. Seawell, Atty. Gen. of North Carolina (Ralph Moody, Asst. Atty. Gen. of North Carolina, on brief), for the State of North Carolina, amici curiæ.

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

SOPER, Circuit Judge:

This action was brought on behalf of Joseph Hiram Holt, Jr., a Negro student, fifteen years of age, residing in Raleigh, North Carolina, to secure a transfer from the Ligon High School to the Broughton High School in that city. The plaintiffs are the minor child, by his father as next friend, and his parents, and the defendant is the Raleigh City Board of Education.

Up to this time only colored students have attended the Ligon School...

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