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SEALY v. DEPARTMENT OF PUBLIC INSTRUCTION OF PENNSYLVANIA

No. 12438.

252 F.2d 898 (1958)

John A. SEALY, Jr., et al., Appellants, v. DEPARTMENT OF PUBLIC INSTRUCTION OF PENNSYLVANIA et al.

United States Court of Appeals Third Circuit.

Decided February 5, 1958.

As Amended March 14, 1958.

Attorney(s) appearing for the Case

Joseph A. McNeal, Philadelphia, Pa., for appellants.

Howard M. Lutz, Media, Pa., for School Dist. of Darby Tp., Board of School Directors of School Dist. of Darby Tp., and Donald L. Snively, Superintendent of Schools.

Stephen B. Narin, Philadelphia, Pa., for Dr. Charles H. Boehm, Supt. of Public Instruction, Dept. of Public Instruction of Pennsylvania, and Pennsylvania State Council of Education.

George F. Baer Appel, Philadelphia, Pa., for State Public School Building Authority of Pennsylvania.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and WRIGHT, District Judge.

BIGGS, Chief Judge.

The plaintiffs, minor Negro children, by their parents as guardians ad litem, and the parents themselves, all residents of Darby Township, Delaware County, Pennsylvania, brought suit in the court below, invoking jurisdiction under Sections 1331 and 1343, Title 28 U.S.C., under Sections 1981 and 1983, 42 U.S. C.A., and under the Fourteenth Amendment. The plaintiffs allege that because they are Negroes they have been discriminated against...

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