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DOWNS v. BOARD OF EDUCATION OF KANSAS CITY

No. 7536.

336 F.2d 988 (1964)

Ernest Leon DOWNS, minor, by his parents and next friends, Wallace Downs and Emma Downs, Preston E. Knox, minor, by his parents and next friends, Everett Knox and Annabelle Knox, Shirley Phillips, minor, by her parents and next friends, Lee Phillips, Sr., and Ernestine Phillips, Lorraine Jackson, minor, by her parents and next friends, Lefelt Jackson and Lenora Jackson, George L. Boyd, minor, by his father and next friend, Thomas A. Boyd, Willene Bill, minor, by her mother and next friend, Luella Bill, Ronald Stephenson, minor, by his mother and next friend, Creadale Stephenson, Billy C. Gatson, minor, by his parents and next friends, Carlston Gatson and Zella R. Gatson, Mary Frances Carter, minor, by her parents and next friends, Frances Pollard and John Pollard, Linda Stuart, minor, by her parents and next friends, Joseph Stuart and Marilouise Stuart, Dwight C. Hatchett, minor, by his parents and next friends, Earia Hatchett, Sr., and Ella Mae Hatchett, Marvin Jackson, minor, by his parents and next friends, Andrew D. Jackson and Ella Mae Jackson, Tommie Lee Benson, minor, by his mother and next friend, Louise Benson, Carolyn Jean Miles, minor, by her parents and next friends, Jim Miles and Cleo Miles, Luther W. Peghee, Jr., minor, by his parents and next friends, Luther W. Peghee, Sr., and Lizzie Peghee, Appellants, v. The BOARD OF EDUCATION OF KANSAS CITY, of the State of Kansas, a corporation, Ralph Fulton, Roy Edwards, Jr., Joe Vaughan, Ralph Evans, Robert Fothergill and Lee C. Berns, Members of the Board of Education of the City of Kansas City, of the State of Kansas, F. L. Schlagle, Superintendent, G. W. Corporon, and William W. Boone, Appellees.

United States Court of Appeals Tenth Circuit.

September 25, 1964.

Attorney(s) appearing for the Case

James P. Davis, Kansas City, Kan., and Robert L. Carter, New York City (Samuel C. Jackson, Topeka, Kan., Joan Franklin, Maria L. Marcus and Barbara A. Morris, New York City, on the brief), for appellants.

Willard L. Phillips, Kansas City, Kan. (P. B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, and John J. Jurcyk, Jr., Kansas City, Kan., on the brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

This class action was brought below by a group of Negro children, through their parents and next friends, to enjoin the appellee Board of Education from continuing certain alleged discriminatory practices in the administration of the Kansas City, Kansas, school system. The relief sought was granted in part and denied in part. The appeal is from that portion of the decree denying the class relief as sought.

Because of the broad attack made...

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