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BYRD v. GARY

Civ. A. No. 7199.

184 F.Supp. 388 (1960)

Frank BYRD, by his guardian ad litem, Christobel Byrd, Arthur W. Stanley, Jr., by his guardian ad litem, Theodosia K. Stanley, Bobby Blackman, et al., Plaintiffs v. Bennie A. GARY, Principal of Mayo High School, G. C. Mangum, Area No. 1 Superintendent, et al., Defendants.

United States District Court E. D. South Carolina, Florence Division.

May 18, 1960.

Attorney(s) appearing for the Case

Elliott D. Turnage, Darlington, S. C., for plaintiffs.

P. H. McEachin, of McEachin, Townsend & Zeigler, Florence, S. C., and D. Carl Cook, Hartsville, S. C., for defendants.

WILLIAMS, District Judge.

Plaintiffs brought this action for an alleged violation of the rights of the plaintiffs, Frank Byrd, Arthur W. Stanley, Jr., and Bobby Blackman, to attend Mayo High School in the City of Darlington and for other relief, all of which is summarized in the prayer of the complaint as follows:

1. "That the Court do declare that section 230(3), title 21 of The South Carolina 1952 Code of laws is unconstitutional, as being in conflict with...

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