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McSWAIN v. COUNTY BOARD OF EDUCATION

No. 1555.

104 F.Supp. 861 (1952)

McSWAIN et al. v. COUNTY BOARD OF EDUCATION OF ANDERSON COUNTY, TENN., et al.

United States District Court E. D. Tennessee, N. D.

April 26, 1952.

Attorney(s) appearing for the Case

Z. Alexander Looby, Nashville, Tenn., Avon N. Williams, Jr., Carl A. Cowan, Knoxville, Tenn., Thurgood Marshall, New York City, for plaintiffs.

W. B. Lewallen, Sidney Davis, Clinton, Tenn., John T. Gilbertson, Knoxville, Tenn., for defendants.

ROBERT L. TAYLOR, District Judge.

The plaintiffs are Negroes, the infant plaintiffs, at the time the action was commenced, being students of high school age, all residing in Clinton, Anderson County, Tennessee. It is a suit for declaratory judgment, pursuant to 28 U.S.C. §§ 1343 (3), 2201 and 2202, and for an injunction restraining defendants from continuing alleged usage and customs which deny the student plaintiffs rights guaranteed to them under the equal...

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