No. 16483.

247 F.2d 268 (1957)

Hilda Ruth BORDERS, a minor, by her father and next friend, Louie Borders, Jr., et al., Appellants, v. Dr. Edwin L. RIPPY, as President of the Board of Trustees of the Dallas Independent School District, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 27, 1957.

Attorney(s) appearing for the Case

Thurgood Marshall, New York, N. Y., and U. Simpson Tate, W. J. Durham, J. L. Turner, Jr., C. B. Bunkley, Jr., and Louis Bedford, Dallas, Texas, Robert L. Carter, New York City, for appellants.

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

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Twenty-eight Negro children appeal again to this Court from another judgment of the district court dismissing their complaint1 in which they sought relief for themselves and other negroes similarly situated on account of their exclusion from certain public schools of Dallas solely because of their race or color.

The basic facts are simple and undisputed. Rosa Sims...

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