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CARSON v. BOARD OF EDUCATION OF McDOWELL COUNTY

No. 7096.

227 F.2d 789 (1955)

Lionel C. CARSON, an infant, by his next friend, Martin A. Carson, et als., Appellants, v. BOARD OF EDUCATION OF McDOWELL COUNTY, a body corporate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 1, 1955.

Attorney(s) appearing for the Case

Samuel S. Mitchell and Herman L. Taylor, Raleigh, N. C. (Taylor & Mitchell, Raleigh, N. C., on brief), for appellants.

Roy W. Davis, Marion, N. C. (Roy W. Davis, Jr., Marion, N. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing an action brought by certain Negro children to enjoin alleged discrimination against them in the administration of the schools of McDowell County, North Carolina. The complaint alleged that the plaintiffs were not allowed to attend schools maintained by defendants for white children in the town of Old Fort in McDowell County but were required to go to a school in Marion fifteen miles away and that this discrimination...

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