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GIBSON v. BOARD OF PUBLIC INSTRUCTION, DADE COUNTY, FLA.

No. 17814.

272 F.2d 763 (1959)

Theodore GIBSON, as next friend for Theodore Gibson, Jr., et al., Appellants, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 24, 1959.

Attorney(s) appearing for the Case

Robert L. Carter, New York City, G. E. Graves, Jr., Miami, Fla., for appellants.

Edward F. Boardman, Boardman, Bolles & Davant, Miami, Fla., for appellees.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

RIVES, Chief Judge.

This action, filed June 12, 1956, sought a judgment declaring Article 12, Section 12 of the Constitution of the State of Florida, F.S.A., and Section 228.09, Florida Statutes Annotated to be violative of the Fourteenth Amendment to the Constitution of the United States. That much has been conceded by the defendants from the beginning. The complaint further prayed that the Board of Public Instruction be ordered to desegregate the public schools...

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