STEINER v. SIMMONS


111 A.2d 574 (1955)

Edmund F. STEINER, George F. Adams, David B. Greene, George Robbins, Members of the Board of Education of the Milford Special School District, Raymon C. Cobbs, Superintendent of the Milford Special School District, and M. Alexander Glasmire, Appellants, v. 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, Roland 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, Appellees.

Supreme Court of Delaware.

February 8, 1955.


Attorney(s) appearing for the Case

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

Louis L. Redding, Wilmington, for appellees.

William Prickett, Wilmington, for American Civil Liberties Union, amicus curiae.

John J. Morris, Jr., Wilmington, amicus curiae by appointment of the Court.

SOUTHERLAND C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


SOUTHERLAND, Chief Justice.

On September 8, 1954 eleven Negro pupils were admitted to the Milford High School, a public school established under Delaware's school segregation laws for white children only. On September 30, 1954 they were dropped solely because of their race and color. Ten of them filed suit in the Court of Chancery to compel readmittance, and moved for a preliminary mandatory injunction. The Vice Chancellor held that they had been lawfully enrolled...

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