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HOLLAND v. BOARD OF PUBLIC INSTRUCTION

No. 16897.

258 F.2d 730 (1958)

William M. HOLLAND, Jr., infant, by William M. Holland, Sr., his father and next friend, Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY, FLORIDA, et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 26, 1958.

Attorney(s) appearing for the Case

F. Malcolm Cunningham, I. C. Smith, West Palm Beach, Fla., for appellant.

W. O. Mehrtens, Miami, Fla. C. D. Blackwell, West Palm Beach, Fla., M. L. Mershon, Miami, Fla., Evans, Mershon, Sawyer, Johnston & Simmons, Miami, Fla., of counsel, for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

A child, by his father as next friend, complains that he and other Negro children are segregated in the public schools of Palm Beach County, Florida, solely on the basis of race, contrary to the constitution of the United States as construed in the School Segregation Cases.1

On May 31, 1956, the child's parents petitioned the County Board of Public Instruction to organize the school districts so that, commencing...

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