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DILLARD v. SCHOOL BOARD OF CITY OF CHARLOTTESVILLE, VA.

No. 8638.

308 F.2d 920 (1962)

Doris DILLARD, Vernetta Dillard, Karol L. Williams, Scheryl Williams, Althea L. Blakey, Sylvia V. Blakey, Phyllis Elaine Blakey, Phyllis Chapman, Earl Chapman, Cynthia A. Daniels, Earl Murray, Grace Murray, Gloria Murray, Theresa Murray, Allegra F. McCullough, Arnita C. Swift and Ellis A. Swift, infants, by and through their respective parents or guardians and next friends, Appellants, v. The SCHOOL BOARD OF the CITY OF CHARLOTTESVILLE, VIRGINIA, and Fendall R. Ellis, Division Superintendent of Schools of the City of Charlottesville, Virginia, Appellees. The SCHOOL BOARD OF the CITY OF CHARLOTTESVILLE, VIRGINIA, and Fendall R. Ellis, Division Superintendent of Schools of the City of Charlottesville, Virginia, Appellants, v. Carolyn Marie DOBSON, Melvina P. Hamilton, Gloria D. Hamilton, Rebecca A. Muse, Ruby Yvonne Dickerson, Betty Ann Swift (Harris) and George W. King, III, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 17, 1962.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, Richmond, Va., Otto L. Tucker, Alexandria, Va., Jack Greenberg and James M. Nabrit, III, New York City, on brief), for appellants, Doris, Dillard and others, and appellees Carolyn Marie Dobson and others.

John S. Battle, Jr., Richmond, Va. (Battle, Neal, Harris, Minor & Williams, Richmond, Va., on brief), for appellees, and appellants, The School Bd. of City of Charlottesville, Virginia and another.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

PER CURIAM.

This appeal was first heard by a panel consisting of Senior Judge Soper, Chief Judge Sobeloff and Circuit Judge Boreman. An opinion was prepared by Judge Soper, but before it was announced by the court a hearing en banc was ordered, in which the five active judges of the court sat, but Judge Soper did not participate.

Judge Soper's opinion, which Sobeloff, Boreman and Bell, JJ. adopt as the opinion of the court, is as follows:

Cross-appeals...

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