McCRARY v. RUNYON

Nos. 73-2348 to 73-2352.

515 F.2d 1082 (1975)

Michael C. McCRARY, infant by Curtis L. McCrary and Sandra McCrary and Colin M. Gonzales, infant by Raymond Gonzales and Margaret R. Gonzales, Appellees, v. Russell L. RUNYON and Katheryne E. Runyon, Defendants, Southern Independent School Association, Appellant. Michael C. McCRARY, infant by Curtis L. McCrary and Sandra McCrary and Colin M. Gonzales, infant by Raymond Gonzales and Margaret R. Gonzales, Appellees, v. Russell L. RUNYON and Katheryne E. Runyon, Appellants, Southern Independent School Association, Defendant. Michael C. McCRARY, infant by Curtis L. McCrary and Sandra McCrary, Plaintiffs, and Colin M. Gonzales, infant by Raymond Gonzales and Margaret R. Gonzales, Appellants, v. Russell L. RUNYON, Katheryne E. Runyon and Southern Independent School Association, Appellees. Colin M. GONZALES, infant by his parents, Raymond Gonzales and Margaret R. Gonzales, Appellees, v. FAIRFAX-BREWSTER SCHOOL, INC., Appellant. Colin M. GONZALES, infant by his parents, Raymond Gonzales and Margaret R. Gonzales, Appellants, v. FAIRFAX-BREWSTER SCHOOL, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1975.

Rehearing Denied May 29, 1975.


Attorney(s) appearing for the Case

George S. Leonard, Washington, D. C., and Louis Koutoulakos, Arlington, Va., for appellants in Nos. 73-2348, 73-2349 and 73-2350.

Andrew A. Lipscomb, Washington, D. C. (Gary R. Sheehan and Tolbert, Lewis & Fitzgerald, Arlington, Va., on brief), for appellants/cross-appellees in Nos. 73-2351 and 73-2352.

Thomas J. Schwab, Washington, D. C., on brief for amici curiae in Nos. 73-2348, 73-2349 and 73-2351.

Allison W. Brown, Jr., Washington, D. C. (Robert M. Alexander, Arlington, Va. and Roderick V. O. Boggs, Washington, D. C., on brief), for appellees/cross-appellants in Nos. 73-2348, 73-2349, 73-2350, 73-2351 and 73-2352.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, DONALD RUSSELL, FIELD and WIDENER, Circuit Judges, sitting en banc.


HAYNSWORTH, Chief Judge:

The issue in this case is whether 42 U.S.C.A. § 19811 prohibits private schools from denying admission to qualified black applicants solely on the basis of their race.

This appeal is a consolidation of two suits initiated by parents of black children who claim that they were denied admission to the appellant schools because of their race.

The Southern Independent School Association intervened...

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