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MANNINGS v. BOARD OF PUBLIC INSTRUCTION OF HILLSBOROUGH COUNTY, FLORIDA

No. 17939.

277 F.2d 370 (1960)

Andrew L. MANNINGS, a minor, by his father and next friend, Willie M. Mannings, et al., Appellants, v. BOARD OF PUBLIC INSTRUCTION OF HILLSBOROUGH COUNTY, FLORIDA, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 10, 1960.

Attorney(s) appearing for the Case

Francisco A. Rodriguez, Tampa, Fla., Constance Baker Motley, Thurgood Marshall, New York City, for appellants.

Morris E. White, Charles F. Blake, Harry G. McDonald, John M. Allison, Tampa, Fla., for appellees.

Before RIVES, Chief Judge, TUTTLE, Circuit Judge, and SIMPSON, District Judge.

TUTTLE, Circuit Judge.

Appellants complain of the judgment of the trial court dismissing their suit for an injunction seeking an order enjoining the Board of Education from "continuing to pursue the policy of operating public schools of Hillsborough County, Florida on a racially segregated basis." We conclude that the trial court erred in dismissing the complaint on the ground that "it does appear from the complaint, and it does appear from admissions made before...

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