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CLEMONS v. BOARD OF EDUCATION OF HILLSBORO

No. 12494.

228 F.2d 853 (1956)

Joyce Marie CLEMONS, an infant by Gertrude Clemons, her mother and next friend, et al., Appellants, v. The BOARD OF EDUCATION OF HILLSBORO, OHIO, a body corporate, et al., Appellees.

United States Court of Appeals Sixth Circuit.

January 5, 1956.

Attorney(s) appearing for the Case

Constance Baker Motley, New York City, James H. McGhee, Dayton, Ohio (Russell L. Carter, Dayton, Ohio, Thurgood Marshall, New York City, on the brief), for appellants.

James D. Hapner, Hillsboro, Ohio, for appellees.

Jack G. Day, Julien C. Renswick, Cleveland, Ohio, for Ohio Civil Liberties Union, amicus curiae.

Before ALLEN, MILLER, and STEWART, Circuit Judges.

ALLEN, Circuit Judge.

This is an equity case filed in the United States District Court on behalf of plaintiffs and others similarly situated, praying for preliminary and permanent injunction enjoining defendants, the Board of Education of Hillsboro, Ohio, hereinafter called "the Board," the individual members of the Board, and the Superintendent of Schools of the city, from enforcing a policy of racial segregation in the public schools of Hillsboro, Ohio, from requiring...

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