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SCHOOL BOARD OF WARREN COUNTY v. KILBY

No. 7760.

259 F.2d 497 (1958)

The SCHOOL BOARD OF WARREN COUNTY and Q.D. Gasque, as Superintendent of Schools of said Warren County, Appellants, v. Betty KILBY, John Kilby, and James Kilby, infants, by James W. Kilby, their father and next friend, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Opinion Filed October 2, 1958.

Attorney(s) appearing for the Case

R.D. McIlwaine, III, Asst. Atty. Gen. of Virginia, William J. Phillips, Front Royal, Va., and A.S. Harrison, Jr., Atty. Gen., of Virginia, for appellants.

Oliver W. Hill, Richmond, Va. (Spottswood Robinson, III, Richmond, Va., and S.W. Tucker, Emporia, Va., on brief), for appellees.

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

PER CURIAM.

From the stipulation of facts presented to the District Court, it appears that Warren County, Virginia, maintains only one high school, and attendance therein is restricted to white pupils. Some of the Negro children of high school age who reside in that County have been transported back and forth daily to a high school for Negroes in Berryville, in adjoining Clarke County, a distance of twenty-five miles each way; others have been transported

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