GRIFFIN v. STATE BOARD OF EDUCATION

Civ. A. No. 4075.

296 F.Supp. 1178 (1969)

Cochyese GRIFFIN et al., Plaintiffs, v. STATE BOARD OF EDUCATION et al., Defendants.

United States District Court E. D. Virginia, Richmond.

Decided February 11, 1969.


Attorney(s) appearing for the Case

S. W. Tucker and Henry L. Marsh, III, Richmond, Va., for plaintiffs. (Jack Greenberg and James M. Nabritt, III, New York City, on the brief).

William L. Marbury, Sp. Asst. Atty. Gen., Virginia, Baltimore, Md., Robert Y. Button, Atty. Gen. of Virginia, R. D. McIllwaine, III, Asst. Atty. Gen. of Virginia, Richmond, Va., and Lewis A. Noonberg, Baltimore, Md., of counsel, for defendants, State Board of Education of the Commonwealth of Virginia and Woodrow W. Wilkerson, Superintendent of Public Instruction.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and Thomas Stark, III, Commonwealth's Atty., for Amelia County, Amelia, Va., for defendant, Board of Supervisors of Amelia County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and L. J. Hammack, Jr., Commonwealth's Atty., for Brunswick County, Lawrenceville, Va., for defendant, Board of Supervisors of Brunswick County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and Douglas S. Mitchell, Commonwealth's Atty., for King and Queen County, West Point, Va., for defendant, Board of Supervisors of King and Queen County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and William R. Blandford, Commonwealth's Atty., for Powhatan County, Powhatan, Va., for defendant, Board of Supervisors of Powhatan County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and William F. Watkins, Jr., Commonwealth's Atty., for Prince Edward County, Farmville, Va., for defendant, Board of Supervisors of Prince Edward County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and Ernest W. Goodrich, Commonwealth's Atty., for Surry County, Surry, Va., for defendant, Board of Supervisors of Surry County.

J. Segar Gravatt, Blackstone, Va., as Special Counsel and John F. Ewell, Commonwealth's Atty., for Warren County, Front Royal, Va., for defendant, Board of Supervisors of Warren County.

W. Clyde Gouldman, II, City Atty., Charlottesville, Va., for defendant, Council of the City of Charlottesville.

Leonard H. Davis, City Atty., Thomas R. McNamara, and Marshall T. Bohannon, Jr., Norfolk, Va., for defendant Council of the City of Norfolk, Virginia.

D. B. Marshall, Charlottesville, Va., and Geo. Stephen Leonard, Washington, D. C., for intervenors, E. J. Martin, and another.

Before BRYAN and BUTZNER, Circuit Judges, and HOFFMAN, District Judge.


ALBERT V. BRYAN, Circuit Judge:

The present and past school tuition grant laws of Virginia1 are again assailed as violative of the equal protection clause of the Fourteenth Amendment2. In Griffin v. State Board of Education, 239 F.Supp. 560 (E.D.Va.1965) we quoted and enumerated the enabling authority and implementing statutes as well as the mechanics of distributing the...

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