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BELL v. SCHOOL BOARD OF POWHATAN COUNTY, VIRGINIA

No. 8944.

321 F.2d 494 (1963)

Edward Alvin BELL et al., infants, etc., Appellees and Cross-Appellants, v. SCHOOL BOARD OF POWHATAN COUNTY, VIRGINIA, and J. S. Caldwell, Division Superintendent of Schools of Powhatan County, Virginia, Appellants and Cross-Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 29, 1963.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, Richmond, Va., on the brief), for appellees and cross-appellants.

Collins Denny, Jr., Richmond, Va. (John F. Kay, Jr., and Denny, Valentine & Davenport, Richmond, Va., on the brief), for appellants and cross-appellees.

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

SOBELOFF, Chief Judge.

The School Board of Powhatan County, Virginia, maintains only two schools. One is called the Powhatan School, and is designated for white pupils and staffed exclusively by white personnel. The other, known as the Pocahontas School, is designated for Negro pupils and staffed exclusively by Negroes. Each school accommodates all of the County's high school and elementary pupils of the race which it serves. This segregation of the races has been...

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