GRIFFIN v. BOARD OF SUPERVISORS OF PRINCE EDWARD COUNTY

No. 8837.

322 F.2d 332 (1963)

Cocheyse J. GRIFFIN et al., Appellants and Cross-Appellees, v. BOARD OF SUPERVISORS OF PRINCE EDWARD COUNTY and J. W. Wilson, Jr., Treasurer of Prince Edward County, State Board of Education of the Commonwealth of Virginia and Woodrow W. Wilkerson, Superintendent of Public Instruction of the Commonwealth of Virginia and County School Board of Prince Edward County, Virginia, and T. J. McIlwaine, Division Superintendent of Schools of said County, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided August 12, 1963.


Attorney(s) appearing for the Case

Robert L. Carter, New York City (S. W. Tucker, Henry L. Marsh, III, Richmond, Va., Barbara A. Morris, New York City, Frank D. Reeves, Washington, D. C., Otto L. Tucker, Alexandria, Va., on brief), for appellants and cross-appellees.

Burke Marshall, Asst. Atty. Gen. (St. John Barrett, Harold H. Greene and Alan G. Marer, Attys., Dept. of Justice, on brief), for the United States, as amicus curiae.

Collins Denny, Jr., Richmond, Va. (John F. Kay, Jr., Richmond, Va., C. F. Hicks, Gloucester, Va., Denny, Valentine & Davenport, Richmond, Va., and DeHardit, Martin & Hicks, Gloucester, Va., on brief), for appellees and cross-appellants County School Board of Prince Edward County and T. J. McIlwaine, Division Superintendent of Schools of said County.

J. Segar Gravatt, Blackstone, Va., Sp. Counsel for Board of Supervisors of Prince Edward County (Frank Nat Watkins, Commonwealth's Atty. of Prince Edward County, on brief), for appellee and cross-appellant Board of Supervisors of Prince Edward County.

R. D. McIlwaine, III, Asst. Atty. Gen. of Virginia, and Frederick T. Gray, Sp. Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellees and cross-appellants State Board of Education and Superintendent of Public Instruction of Commonwealth of Virginia.

Before HAYNSWORTH, BOREMAN and J. SPENCER BELL, Circuit Judges.


HAYNSWORTH, Circuit Judge.

Transmuted, this old case, in its new flesh and pregnant with questions, comes again before us.

As Davis et al. v. County School Board of Prince Edward et al., D.C., 103 F.Supp. 337, it began in 1951 as a suit to effect the desegregation of the public schools maintained by Prince Edward County, Virginia. It was one of the four school cases decided by...

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