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AVERY v. WICHITA FALLS INDEPENDENT SCHOOL DIST.

No. 16148.

241 F.2d 230 (1957)

Alfred AVERY, Jr., A Minor, by his Mother and Next Friend, (Mrs.) Alfred Avery, et al., Appellants, v. WICHITA FALLS INDEPENDENT SCHOOL DISTRICT, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Dissenting Opinion January 25, 1957.

Attorney(s) appearing for the Case

U. Simpson Tate, Louis A. Bedford, Jr., Dallas, Tex., Robert L. Carter, Thurgood Marshall, New York City, for appellants.

R. Marvin Pierce, Clyde Fillmore, Wichita Falls, Tex., for appellees.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

This action was brought by twenty negro children of public school age, residents of the Wichita Falls Independent School District, as a class action, the complaint averring,

"4. Minor plaintiffs bring this action by their next friends in their own behalf, and on behalf of all other Negro minors who are similarly situated because of race or color within the defendant Wichita Falls Independent School District. They allege that they are...

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