Leslie TAYLOR and Kevin Taylor, minors, by Wilbert Taylor and Hallie Taylor, their parents and next friends, et al., Plaintiffs-Appellees,
v.
BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW ROCHELLE and Herbert C. Clish, as Superintendent of Schools of the City School District of the City of New Rochelle, Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued July 18, 1961.
Decided August 2, 1961.
Attorney(s) appearing for the Case
Constance Baker Motley, New York City (Thurgood Marshall and Paul Zuber, New York City, on the brief), for plaintiffs-appellees.
Julius Weiss, of Weiss & Bronston, New York City (Murray C. Fuerst, New Rochelle, N. Y., on the brief), for defendants-appellants.
Jack M. Perlman, New York City, for Seth M. Glickenhaus, Nolan M. Fallahay, and Marylyn W. Pierce, applicants for intervention.
Burke Marshall, Asst. Atty. Gen., Harold H. Greene and Isabel L. Blair, Attys., Dept. of Justice, Washington, D. C., and Robert M. Morgenthau, U. S. Atty., S. D. N. Y., New York City, for United States as amicus curiae, for affirmance.
Edwin J. Lukas, Leo Pfeffer, Arnold Forster, Simon Rosenzweig, New York City, and Arthur L. Pulley, New Rochelle, N. Y. (Theodore Leskes, Sol Rabkin, and Joseph B. Robison, New York City, of counsel), for American Jewish Committee, American Jewish Congress, Anti-Defamation League of B'nai B'rith, Catholic Interracial Counsel of New Rochelle, and Urban League of Westchester County, amici curiae, for affirmance.
Bernard T. McGivern, Albany, N. Y., for New York State School Boards Assn., as amicus curiae, for reversal.
Before CLARK, MOORE, and SMITH, Circuit Judges.
United States Court of Appeals Second Circuit.
CLARK, Circuit Judge.
This is a class action brought by eleven Negro children through their parents, on behalf of all Negro children situated in the Lincoln Elementary School District in New Rochelle, New York. Plaintiffs seek principally a permanent injunction enjoining the defendants, the Board of Education and the Superintendent of Schools of the New Rochelle City School District, from requiring them to be registered in a racially segregated public elementary school...
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