SIMMONS v. STEINER


108 A.2d 173 (1954)

Lillian SIMMONS et al. v. Edmund F. STEINER et al. Lillian Simmons, an infant, by her Guardian ad litem, Perry A. Reese, Madeline Staten, an infant, by her Guardian ad litem, Elenora Staten, Annie Ruth Thompson, an infant, by her Guardian ad litem, Cassie Lee Thompson, Edna Turner, an infant, by her Guardian ad litem, Millicent Turner, Irene Pettyjohn, an infant, by her Guardian ad litem, Naomi Waples, Charles Fleming, Jr., an infant, by his Guardian ad litem, Charles Fleming, Sr. Kenneth Baynard, an infant, by his Guardian ad litem, Garland Baynard, Orlando Camp, an infant, by his Guardian ad litem, Gertrude C. Pennewell, Eugene Harris, an Infant, by his Guardian ad litem, Thomas Harris, Ronald Vann, an infant, by his Guardian ad litem, Catherine Vann, Perry A. Reese, Elenora Staten, Cassie Lee Thompson, Millicent Turner, Charles Fleming, Sr., Garland Baynard, Gertrude C. Pennewell, Thomas Harris, Catherine Vann, and Naomi Waples, Plaintiffs, v. Edmund F. Steiner, George F. Adams, David B. Greene, George Robbins, Members of the Board of Education of the Milford Special School District, Ramon C. Cobbs, Superintendent of the Milford Special School District, and M. Alexander Galsmire, Defendants.

Court of Chancery of Delaware, Sussex.

October 14, 1954.


Attorney(s) appearing for the Case

Louis L. Redding, Wilmington, for plaintiffs.

Howard E. Lynch, Jr., Dover, for defendants.

H. Albert Young, Atty. Gen., appearing amicus curiae by leave of Court.


MARVEL, Vice Chancellor.

Plaintiffs1 live in the Milford Special School District where defendants operate one public high school, which is maintained by general funds of the State of Delaware supplemented by taxes levied against real estate in the district.

It is alleged in the complaint and it is a conceded fact that plaintiffs applied for admission to the Milford High School at the beginning of the present autumn term and were...

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