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EVANS v. ENNIS

Nos. 13018-13024.

281 F.2d 385 (1960)

Mary Ann EVANS, an Infant, by Helen Evans, Her Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Richard W. Comegys, Harry W. Moor, G. Francis Downs, Mary W. Jarrell, Members of the Board of Trustees of Clayton School District No. 119. Eugene HARRIS, an Infant, by Thomas Harris, His Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Max R. Corder, E. Crerar Bennet, Jr., Ernest C. Macklin, George A. Robbins, Members of the Board of Education of the Milford Special School District. Julie COVERDALE, an Infant, by Annie E. Coverdale, Her Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Wilbur C. Root, Norman C. Hamsted, Harry Webb, Majorie Baker, Members of the Board of Trustees of Greenwood School District No. 91. Eyvonne HOLLOMAN, an Infant, by Flossie Holloman, Her Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Howard T. West, John T. Fisher, Norman Clifton, Albert Lank, Members of the Board of Trustees of Milton School District No. 8. David CREIGHTON, an Infant, by Josephine Creighton, His Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Ford M. Warrington, Otis P. Carmine, Clarence J. Evans, Homer L. Disharoon, Jr., Members of the Board of Education of the Laurel Special School District. Marvin DENSON, an Infant, by Clarence Denson, His Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Robert H. Stamm, Irene F. Larrimore, Oscar W. Allen, Jr., John C. Rawlins, Members of the Board of Education of The Seaford Special School District. Thomas J. OLIVER, Jr., an Infant, by Thomas J. Oliver, His Guardian ad Litem, et al., Appellants, v. Jane ENNIS, Vincent A. Theisen, Marvel O. Watson, Roy A. Wentz, Ralph Grapperhaus, Harold B. English, Members of the State Board of Education, George R. Miller, Jr., State Superintendent of Public Instruction, Raymond Townsend, George H. Bunting, William B. Chandler, Jr., Roland V. Cobb, Members of the Board of Trustees of John M. Clayton School District No. 97.

United States Court of Appeals Third Circuit.

Decided July 19, 1960.

Petitions for Rehearing Denied August 29, 1960.

Amended Judgment August 29, 1960.

Attorney(s) appearing for the Case

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

Januar D. Bove, Jr., Wilmington, Del. for State Board of Education and State Superintendent of Public Instruction.

James M. Tunnell, Jr., Wilmington, Del. (Morris, Nichols, Arsht & Tunnell, Wilmington, Del., on the brief), James H. Hughes, III, Dover, Del., for Local Boards of Milford, Seaford, Laurel and Greenwood, for respondent.

Everett F. Warrington, Georgetown, Del., for Board of Trustees of Milton School Dist. No. 8.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The background of these appeals is stated in Evans v. Buchanan, D.C.Del. 1957, 152 F.Supp. 886, and 3 Cir., 1958, 256 F.2d 688. After our remand, the court below directed the defendant, the State Board of Education of Delaware, and the defendant, George R. Miller, Jr., State Superintendent of Public Instruction, to submit to it a plan of desegregation. A proposed plan was submitted...

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