ARMSTRONG v. BOARD OF EDUCATION OF CITY OF BIRMINGHAM, ALA.

No. 20595.

323 F.2d 333 (1963)

Dwight ARMSTRONG, Denise Armstrong, James Armstrong, Jr., Floyd Armstrong, Minors, by James Armstrong, Sr., their father and next friend, et al., Appellants, v. The BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, JEFFERSON COUNTY, ALABAMA, The Present Members of the Said Board and Theo R. Wright, Superintendent of Schools, City of Birmingham, Alabama, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 22, 1963.

Dissenting Opinion July 30, 1963.

On Petition for Intervention and Stay September 6, 1963.


Attorney(s) appearing for the Case

W. L. Williams, Jr., Birmingham, Ala., Ernest D. Jackson, Sr., Jacksonville, Fla., Constance Baker Motley, New York City, for appellants.

Jos. F. Johnston, Reid B. Barnes, Birmingham, Ala., for appellees.

Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.


Rehearing Denied En Banc July 22, 1963.

RIVES, Circuit Judge.

The submission is upon the appellants' motion for an injunction pending appeal from the following judgment entered on the 28th day of May 1963:

"In conformity with the memorandum opinion of the court contemporaneously entered herein, it is ORDERED, ADJUDGED and DECREED by the court that the injunctive relief for which plaintiffs pray in their own behalf and in behalf of others similarly...

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