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KELLEY v. BOARD OF EDUC. OF CITY OF NASHVILLE, ETC.

Nos. 13748, 13749.

270 F.2d 209 (1959)

Robert W. KELLEY et al., Appellants and Cross-Appellees, v. BOARD OF EDUCATION OF The CITY OF NASHVILLE, DAVIDSON COUNTY, TENNESSEE, et al., Appellees and Cross-Appellants.

United States Court of Appeals Sixth Circuit.

June 17, 1959.

Attorney(s) appearing for the Case

Z. Alexander Looby and Avon N. Williams, Jr., Nashville, Tenn. (Thurgood Marshall, New York City, on the brief), for appellants and cross-appellees.

Edwin F. Hunt and Reber Boult, Nashville, Tenn. (Howard, Davis, Boult & Hunt, Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., George McCanless, Atty. Gen. of Tenn., on the brief), for appellees and cross-appellants.

Gerald B. Tjoflat, Cincinnati, Ohio, amicus curiae.

Before ALLEN and McALLISTER, Circuit Judges, and CHOATE, District Judge.

McALLISTER, Circuit Judge.

This is an appeal from the judgment of the district court approving a plan of the Board of Education of the City of Nashville, Tennessee, providing for desegregation of the public schools of that city, commencing with the first grade, and proceeding by the desegregation of one additional grade a year until all grades in all public schools have been finally desegregated.

The background of the case is pertinent: The entry of the judgment...

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