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JACKSON v. SCHOOL BOARD OF THE CITY OF LYNCHBURG, VIRGINIA

No. 8722.

308 F.2d 918 (1962)

Cecelia JACKSON, an infant by George F. Jackson, her father and next friend; Linda Woodruff, an infant by Edward M. Barksdale and Georgia W. Barksdale, her stepfather and mother and next friends; Owen C. Cardwell, Jr., an infant by Owen C. Cardwell, his father and next friend; and Brenda E. Hughes, an infant by Mabel Hughes, her mother and next friend, Appellants, v. The SCHOOL BOARD OF THE CITY OF LYNCHBURG, VIRGINIA, M. L. Carper, Superintendent of Schools of the City of Lynchburg, Virginia, and E. J. Oglesby, Alfred L. Wingo and Edward T. Justis, individually and constituting the Pupil Placement Board of the Commonwealth of Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided partially September 28, 1962.

Attorney(s) appearing for the Case

James M. Nabrit, III, New York City (Jack Greenberg, Michael Meltsner, Leroy D. Clark, New York City, and Reuben E. Lawson, Roanoke, Va., on brief), for appellants.

S. Bolling Hobbs, Lynchburg, Va. (Caskie, Frost, Davidson & Watts, and C. Shepherd Nowlin, City Atty., Lynchburg, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

The following paragraph appears in the District Court's findings of fact:

"In the light of this evidence there can be no doubt whatsoever but that if the four plaintiffs involved in this case had been white children they would have been assigned by the local authorities to Glass [the white high school], irrespective of distances involved and academic qualifications, and they would never have been forced by the local authorities to submit themselves...

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