No. 15872.

233 F.2d 796 (1956)

Charles BROWN, a minor, by his father and next friend, Walter Brown, Jr., et al., Appellants, v. Dr. Edwin L. RIPPY, as President of the Board of Trustees of the Dallas Independent School District, Dallas County, Texas, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 19, 1956.

Attorney(s) appearing for the Case

U. Simpson Tate, W. J. Durham, J. L. Turner, Jr., Louis A. Bedford, Jr., Dallas, Tex., Thurgood Marshall, New York City, C. B. Bunkley, Jr., Dallas, Tex., Kenneth Holbert, Dallas, Tex., Robert L. Carter, New York City, Jack Greenberg, New York City, of counsel, for appellants.

A. J. Thuss, Jr., Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.


The suit was brought by Negro children of school age against the President and members of the Board of Trustees of the Dallas Independent School District and others for a declaratory judgment and an injunction. It had for its object the entry of a judgment requiring the defendants to desegregate with all deliberate speed the schools under their jurisdiction, and to cease their practices of segregating plaintiffs in elementary and

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