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SCHOOL BOARD OF CITY OF NORFOLK v. BECKETT

No. 7759.

260 F.2d 18 (1958)

The SCHOOL BOARD OF CITY OF NORFOLK, and John J. Brewbaker, Superintendent of Schools of the City of Norfolk, Appellants and Cross-Appellees, v. Leola Pearl BECKETT, an infant, etc., et al., Appellees, and Wilhelmina Scott and Marion Scott, infants, by Clara Scott, their mother and next friend, et al., Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Opinion October 2, 1958.

Attorney(s) appearing for the Case

W. R. C. Cocke, Leonard H. Davis, City Atty., Norfolk, Va., and A. S. Harrison, Jr., Atty. Gen. of Virginia (Leigh D. Williams, Norfolk, Va., on brief), for appellants and cross-appellees.

Spottswood W. Robinson, III, Richmond, Va. (Victor J. Ashe, J. Hugo Madison, Joseph A. Jordan, Jr., Norfolk, Va., and Oliver W. Hill, Richmond, Va., on brief), for appellees and cross-appellants.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

This case comes to us for the second time. In the first phase of the litigation the District Court, after extensive hearings, passed an order on February 26, 1957, enjoining the school authorities of Norfolk, Virginia, from refusing solely on account of race or color, to admit, enroll or educate in any school operated by them, any child otherwise qualified. The effective date of the order was stayed, however, pending review on appeal. The District Court...

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