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ALLEN v. COUNTY SCHOOL BOARD OF PRINCE EDWARD CO., VA.

No. 7463.

249 F.2d 462 (1957)

Eva ALLEN, Ida Allen and Ulysses Allen, infants, by Hal Edward Allen, their father, and next friend, et al., Appellants, v. COUNTY SCHOOL BOARD OF PRINCE EDWARD COUNTY, VIRGINIA, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 11, 1957.

Attorney(s) appearing for the Case

Oliver W. Hill and Spottswood W. Robinson, III, Richmond, Va. (Thurgood Marshall, New York City, on brief), for appellants.

T. Justin Moore, Sr., Richmond, Va., and Henry T. Wickham, Sp. Asst. to Atty. Gen., of Virginia (Kenneth C. Patty, Atty. Gen., of Virginia, Hunton, Williams, Gay, Moore & Powell, Archibald G. Robertson, John W. Riely, and T. Justin Moore, Jr., Richmond, Va., on brief), for appellees.

Before PARKER, Chief Judge, HAYNSWORTH, Circuit Judge, and HARRY E. WATKINS, District Judge.

PER CURIAM.

This action was commenced to enjoin racial segregation in the public schools of Prince Edward County, Virginia, on the ground that provisions of the state constitution and statutory code requiring such segregation were violative of the 14th Amendment to the Constitution of the United States and therefore void. A court of three judges was properly constituted, as required by 28 U.S.C. §§ 2281 and 2284, and judgment was entered denying the relief...

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