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BRUNSON v. BOARD OF TRUSTEES OF SCHOOL DIST. NO. 1

No. 8727.

311 F.2d 107 (1962)

Bobby BRUNSON, Elizabeth Brunson and Ellis Brunson, by McQueen Brunson, their father and next friend, and Tisbia E. Delaine, a Minor, by Leo Delaine, her father and next friend, and Eloise Felder, a Minor, by Nora Felder, her mother and next friend, et al., Appellants, v. BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY, SOUTH CAROLINA, L. B. McCord, County Superintendent of Education, C. E. Buttes, District Superintendent of Education, W. C. Sprott, Chairman, Board of Trustees, C. N. Plowden, W. A. Brunson, J. W. Sconyers and L. Richardson, Members of the Board of Trustees, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1962.

Attorney(s) appearing for the Case

Matthew J. Perry, Columbia, S. C. (Jack Greenberg, James M. Nabrit, III, Michael Meltsner, New York City, and Lincoln C. Jenkins, Jr., Columbia, S. C., on brief), for appellants.

David W. Robinson, Columbia, S. C., (Robinson, McFadden & Moore, Columbia, S. C., on brief), for appellees.

Before SOPER, HAYNSWORTH and BELL, Circuit Judges.

PER CURIAM.

This action was brought by forty-two Negro children residing in School District No. 1 of Clarendon County, South Carolina, and their parents as a spurious class action under Rule 23(a) (3) of the Federal Rules of Civil Procedure. Upon motion, the District Court struck from the complaint all reference to all plaintiffs other than Bobby Brunson, the first named, and all "allegations inappropriate to a personal action...

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