WHEELER v. DURHAM CITY BOARD OF EDUCATION

Nos. C-54-D-60 and C-116-D-60.

210 F.Supp. 839 (1962)

Warren H. WHEELER, a Minor, by J. H. Wheeler, his father and next friend, et al., Plaintiffs, v. DURHAM CITY BOARD OF EDUCATION, a body politic in Durham County, North Carolina, Defendant. C. C. SPAULDING, III, a Minor, by C. C. Spaulding, Jr., his father and next friend, et al., Plaintiffs, v. DURHAM CITY BOARD OF EDUCATION, a body politic in Durham County, North Carolina, Defendant.

United States District Court M. D. North Carolina, Durham Division.

April 11, 1962.


Attorney(s) appearing for the Case

Conrad O. Pearson, M. Hugh Thompson, William A. Marsh, Jr., F. B. McKissick and J. H. Wheeler, Durham, N. C., and Jack Greenberg, James M. Nabrit, III, and Derrick A. Bell, New York City, for plaintiffs.

Spears, Spears & Powe, Durham, N. C., for defendant.


STANLEY, Chief Judge.

In an opinion filed in these consolidated cases on July 20, 1961, it was found that certain of the minor plaintiffs had not adequately exhausted their administrative remedies under state law prior to the commencement of the actions, and were entitled to no relief. It was further found that certain other minor plaintiffs had adequately exhausted their administrative remedies prior to the institution of the actions, and were entitled to be admitted...

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