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WHEELER v. DURHAM CITY BOARD OF EDUCATION

No. 8643.

309 F.2d 630 (1962)

Warren H. WHEELER, an infant, and J. H. Wheeler, his father and next friend; et al., and C. C. Spaulding, III, an infant, and C. C. Spaulding, Jr., his father and next friend; et al., Appellants, v. DURHAM CITY BOARD OF EDUCATION, a body politic in Durham County, North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 12, 1962.

Attorney(s) appearing for the Case

Jack Greenberg, New York City (James M. Nabrit, III, Derrick A. Bell, Conrad O. Pearson, M. Hugh Thompson, William A. Marsh, Jr., J. H. Wheeler, and F. B. McKissick, Durham, N. C., on the brief), for appellants.

Marshall T. Spears, Durham, N. C. (Spears & Spears, Durham, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

SOBELOFF, Chief Judge.

This appeal is from the disposition made by the United States District Court for the Middle District of North Carolina of two cases consolidated into a single trial and record. The first, Wheeler v. Durham City Board of Education, was brought in April, 1960, by 163 Negro pupils, and their parents, protesting the maintenance of segregated schools in the city during the 1959-60 school year. The second, Spaulding v. Durham City Board of Education...

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