EVANS v. BUCHANAN

Nos. 12375-12381.

256 F.2d 688 (1958)

Brenda EVANS, an Infant, by Charles Evans, her guardian ad litem et al. v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and Richard W. Comegys, et al., Members of the Board of Trustees of Clayton School District No. 119. Madeline STATEN, an Infant, by her guardian ad litem Eleanora M. Staten et al. v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and Max Corder, et al., Members of the Board of Education of the Milford Special School District. Julie COVERDALE, an Infant, by Annie E. Coverdale, her guardian ad litem et al. v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and Marjorie Baker, et al., Members of the Board of Trustees of Greenwood School District No. 91. Eyvonne HOLLOMAN, an Infant, by her guardian ad litem, Flossie Holloman et al. v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and James L. Brooks, et al., Members of the Board of Trustees of Milton School District No. 8. David CREIGHTON, an Infant, by his guardian ad litem, Joseph Creighton et al., v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and William E. Prettyman, et al., Members of the Board of Education of the Laurel Special School District. Marvin DENSON, an Infant, by his guardian ad litem, Clarence Denson et al., v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and Jacob H. Moore, et al., Members of the Board of Education of the Seaford Special School District. Thomas J. OLIVER, Jr., an Infant, by his guardian ad litem, Thomas J. Oliver et al., v. Madeline BUCHANAN, et al., Members of the State Board of Education, and George R. Miller, Jr., State Superintendent of Public Instruction, Appellants, and Raymond E. Townsend, et al., Members of the Board of Trustees of John M. Clayton School District No. 97.

United States Court of Appeals Third Circuit.

Decided May 28, 1958.

Rehearing Denied June 20, 1958.

Opinion re Recall of Mandate July 23, 1958.


Attorney(s) appearing for the Case

Alton F. Tybout, Wilmington, Del. (Joseph Donald Craven, Atty. Gen., Frank O'Donnell, Jr., Chief Deputy Atty. Gen., on the brief), for members of State Board of Education and the Superintendent of Public Instruction.

James M. Tunnell, Georgetown, Del., for Milford, Seaford, Laurel and Greenwood Local Boards; James H. Hughes, 3d, Dover, Del., for Board of Education of Milford School Dist. (Louis L. Redding, Wilmington, Del., on the brief).

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.


BIGGS, Chief Judge.

The appeals at bar arise out of seven cases in the court below relating to the same subject matter and may be disposed of appropriately in one opinion. The jurisdiction of the court below was invoked under Section 1331, federal question and jurisdictional amount, under Section 1343, Civil Rights, Title 28 U.S. C. and under Section 1983, Title 42 U.S. C., and under the Fourteenth Amendment to the Constitution of the United States. No issue as to...

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