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SWANN v. CHARLOTTE-MECKLENBURG BOARD OF ED.

No. 10207.

369 F.2d 29 (1966)

James E. SWANN and Edith Swann, minors, by their parents and next friends, Rev. and Mrs. Darius L. Swann, et al., Appellants, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, a public body corporate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 24, 1966.

Attorney(s) appearing for the Case

J. LeVonne Chambers, Charlotte, N. C. (Conrad O. Pearson, Durham, N. C., Jack Greenberg and Derrick A. Bell, Jr., New York City, on brief), for appellants.

Brock Barkley, Charlotte, N. C., for appellee.

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

HAYNSWORTH, Chief Judge:

In this school case, the plaintiffs have appealed from the denial of certain affirmative relief which they sought in the District Court. We think the District Court's disposition of the matter was correct.

Prior to 1962, the School Board had purported to proceed under North Carolina's Pupil Placement Act. Except to the extent that assignments were affirmatively made under that Act, school assignments were controlled by a system of...

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