John K. HART et al., Appellants,
v.
COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA, and Robert L. Chisolm, Division Superintendent of Schools for the County of Arlington, Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 13, 1972.
Decided May 1, 1972.
Attorney(s) appearing for the Case
Lawrence J. Latto, Washington, D. C. (S. W. Tucker, Henry L. Marsh, III, and Hill, Tucker & Marsh, Richmond, Va., Robert M. Alexander, Arlington, Va., Allison W. Brown, Jr., Washington, D. C., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on brief), for appellants.
James H. Simmonds, Arlington, Va. (Gregory U. Evans, Arlington, Va., and R. D. McIlwaine, III, Richmond, Va., on brief), for appellees.
William H. Allen, John B. Jones, Jr., and Covington & Burling, Washington, D.C., on brief, for amicus curiae, Arlington Council on Human Relations, Arlington Education Assn., Arlington Health and Welfare Council, Arlington View Civic Assn., League of Women Voters of Arlington, Nauck Civic Assn., Northern Va. Center for Social Development (four parishes: Our Lady of Lourdes, Our Lady Queen of Peace, St. Ann's, and St. Charles) Northern Va. Chapter of the American Civil Liberties Union of Va., Positive Action Committee for Education, Rock Spring Congregational Church Bd. of Social Action, "Support Christian Action" House of the Little Falls Presbyterian Church.
Before HAYNSWORTH, Chief Judge, and BRYAN, WINTER, CRAVEN, RUSSELL and FIELD, Circuit Judges, in banc.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
In this appeal, a plan, approved by the district court, to achieve a unitary school system in Arlington County is attacked because two formerly all-black elementary schools have been converted into special purpose schools, and the black pupils who formerly attended them have been assigned and are being transported to other formerly all-white schools. It is argued that, factually, the plan is discriminatory because the burden of transfer and transportation...
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