COVINGTON v. MONTGOMERY COUNTY SCHOOL BOARD

No. 323-R.

139 F.Supp. 161 (1956)

Helen COVINGTON et al. v. MONTGOMERY COUNTY SCHOOL BOARD.

United States District Court M. D. North Carolina.

April 7, 1956.


Attorney(s) appearing for the Case

C. O. Pearson, Durham, N. C., J. Kenneth Lee, George A. Lawson, Major S. High, Greensboro, N. C., William A. Marsh, Jr., Durham, N. C., for plaintiff.

Garland S. Garris, Troy, N. C., for defendant.


HAYES, District Judge.

On September 7, 1955, this court refused to constitute a three-judge court under Section 266 of the Judicial Code as amended, 28 U.S.C.A. § 2281, for that the pleadings at that time did not show that the defendants were state officers and undertaking to enforce State statutes or orders of a State Board or Commission.

An amendment to the complaint has been made which now alleges that the defendants maintain certain schools for white...

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