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FARLEY v. TURNER

No. 8054.

281 F.2d 131 (1960)

Andrew A. FARLEY, Beverley H. Randolph, Jr., and Hugh V. White, members of and constituting the Pupil Placement Board of the Commonwealth of Virginia, Appellants, v. Patricia Anzella TURNER, Reginald A. Young, Daphne Perminter and Anita Mayer, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 28, 1960.

Attorney(s) appearing for the Case

A. B. Scott, Richmond, Va., for appellants.

Spottswood W. Robinson, III, Richmond, Va. (Victor J. Ashe, J. Hugo Madison, Joseph A. Jordan, Jr., Norfolk, Va., Oliver W. Hill, Richmond, Va., and Thurgood Marshall, New York City, on brief), for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

The applicability of the long-established principle that one need not exhaust futile administrative remedies is the issue on this appeal.

Under the Virginia Pupil Placement Act, Code 1950, § 22-232.1 et seq. four Negro children, who were plaintiffs below and are the present appellees, were recommended by the School Board of the City of Norfolk for transfer to predominantly white schools. The School...

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