GRIFFITH v. BOARD OF EDUCATION OF YANCEY COUNTY

Civ. No. 1881.

186 F.Supp. 511 (1960)

John B. GRIFFITH, Kitty O. Griffith, and Patty L. Griffith, Minors, by Selelia Griffith and John B. Griffith, their parents and next friends, John V. Jackson, a Minor, by Lucille Jackson and Ted Jackson, his parents and next friends, Rose Drucilla Roland, Meg Francis Roland, Hattie Lee Roland, and Adlean Roland, Minors, by Oredia Roland and Frank Roland, their parents and next friends, Jerry L. Griffith, a Minor, by Gaynell Griffith and J. C. Griffith, his parents and next friends, John R. Horton, a Minor, by Mrs. John Griffith, his grandmother and next friend, Louis S. Young, a Minor, by Minnie Young and Charles Young, his parents and next friends, Randolph Parker, Nellie A. Parker, Ossie W. Parker, and Juanita Parker, Minors, by Mary Parker and Dolphus Parker, their parents and next friends, Shirley Barnett and Coy Barnett, Minors, by Columbus Barnett, their father and next friend, David L. Henson, a Minor, by Ruby Henson, his mother and next friend, Kay F. Griffith, Stevie Griffith, and Patsy Griffith, Minors, by Thelma Griffith, their mother and next friend, Lois Ann Young, a Minor, by Fannie Mae Young and Lester Young, her parents and next friends, Carolyn Young, Milton Young, and James Porter Young, Minors, by Susie Young and Porter Young, their parents and next friends, Vivian D. Young, a Minor, by Polly Ann Young and Hubert Young, her parents and next friends, Marvin Griffith, a Minor, by Jim Griffith, his father and next friend, and Selelia Griffith, John B. Griffith, Lucille Jackson, Ted Jackson, Oredia Roland, Frank Roland, Gaynell Griffith, J. C. Griffith, Mrs. John Griffith, Minnie Young, Charles Young, Mary Parker, Dolphus Parker, Columbus Barnett, Ruby Henson, Thelma Griffith, Fannie Mae Young, Lester Young, Susie Young, Porter Young, Polly Ann Young, Hubert Young, and Jim Griffith, Plaintiffs, v. BOARD OF EDUCATION OF YANCEY COUNTY, a body corporate, Defendant.

United States District Court W. D. North Carolina, Asheville Division.

September 12, 1960.


Attorney(s) appearing for the Case

Ruben J. Dailey, Asheville, N. C., Conrad O. Pearson, Durham, N. C., Thurgood Marshall, Jack Greenberg, New York City, for plaintiffs.

C. P. Randolph, Burnsville, N. C., for defendant.


WARLICK, District Judge.

Plaintiffs in this action seek to enjoin the defendant, the Board of Education of Yancey County, North Carolina, from discriminating against them in the Board's refusal to assign them to particular schools maintained and operated by it within Yancey County, on account of their race.

The action was instituted on November 11, 1959, against the members of the Yancey County Board of Education in their individual capacity, and the County...

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