SMUCK v. HOBSON

Nos. 21167, 21168.

408 F.2d 175 (1969)

Carl C. SMUCK, a Member of the Board of Education of the District of Columbia, Appellant, v. Julius W. HOBSON et al., Appellees. Carl F. HANSEN, Superintendent of Schools of the District of Columbia, Appellant, v. Julius W. HOBSON et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1969.


Attorney(s) appearing for the Case

Messrs. John L. Laskey and Edmund D. Campbell, Washington, D. C., with whom Messrs. F. Joseph Donohue and Thomas S. Jackson, Washington, D. C., were on the brief, for appellants.

Messrs. William M. Kunstler, New York City, and Richard J. Hopkins, with whom Mr. James O. Porter, Washington, D. C., was on the brief, for appellees. Mr. Jerry D. Anker, Washington, D. C., also entered an appearance for appellees.

Mr. E. Riley Casey, Washington, D. C., filed a brief on behalf of the National School Boards Association, as amicus curiae, urging reversal.

Mr. William B. Beebe, Washington, D. C., filed a brief on behalf of the American Association of School Administrators, as amicus curiae, urging reversal.

Messrs. Howard C. Westwood and Albert H. Kramer, Washington, D. C., filed a brief on behalf of the National Education Association, as amicus curiae, urging affirmance.

Messrs. J. Francis Pohlhaus and Frank D. Reeves, Washington, D. C., filed a brief on behalf of the National Association for the Advancement of Colored People, as amicus curiae, urging affirmance.

Before BAZELON, Chief Judge, and DANAHER, BURGER, McGOWAN, TAMM, LEVENTHAL and ROBINSON, Circuit Judges, sitting


BAZELON, Chief Judge, joined by LEVENTHAL and ROBINSON, Circuit Judges, in Part I; and by McGOWAN, LEVENTHAL and ROBINSON, Circuit Judges, in Parts II, III, and IV:

These appeals challenge the findings of the trial court that the Board of Education has in a variety of ways violated the Constitution in administering the District of Columbia schools.1 Among the facts that distinguish this case from the normal grist of appellate courts is...

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