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EVANS v. BUCHANAN

Civ. A. Nos. 1816-1822.

173 F.Supp. 891 (1959)

Brenda EVANS et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants.

United States District Court D. Delaware.

June 15, 1959.

Attorney(s) appearing for the Case

Louis L. Redding, Wilmington, Del., for plaintiffs.

Januar D. Bove, Jr., Atty. Gen., of the State of Delaware, for the State Bd. of Ed., et al.

James M. Tunnell, Jr., Wilmington. Del., and James H. Hughes, III, Dover, Del., for the Milford Special School Dist., et al.

Everett F. Warrington, Georgetown, Del., for the Milton Special School District No. 8.

Max Terry, Dover, Del., for the Caesar Rodney Special School District.

LAYTON, District Judge.

On April 24, 1959, this Court approved a plan providing for the desegregation of the Delaware Public School system on a grade by grade basis over a period of twelve years beginning with all first grades at the Fall Term, 1959. Paragraph 4 of the Plan was disapproved and ordered eliminated because it was thought to be discriminatory. This paragraph read as follows:

"Whenever possible, every...

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