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ARMSTRONG v. BOARD OF EDUCATION OF CITY OF BIRMINGHAM

No. 20595.

333 F.2d 47 (1964)

Dwight ARMSTRONG, Denise Armstrong, James Armstrong, Jr., and 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, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 21, 1964.

Attorney(s) appearing for the Case

W. L. Williams, Jr., Birmingham, Ala., Ernest D. Jackson, Sr., Jacksonville, Fla., Constance B. Motley, Norman Amaker and Jack Greenberg, New York City, Oscar W. Adams, Jr., Birmingham, Ala., for appellants.

Joseph F. Johnston, Reid B. Barnes, Lange, Simpson, Robinson & Somerville, and Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., for appellee.

Before MARIS, GEWIN and BELL, Circuit Judges.

GEWIN, Circuit Judge:

The controversy involved in this case relates to desegregation of the public schools of the City of Birmingham, Alabama. The background of the case is set forth in the opinion of this Court in Armstrong v. Board of Education of City of Birmingham, 5 Cir., 323 F.2d 333 (1963), and in the opinion of the District Court, 220 F.Supp. 217 (D.C.N.D.Ala.1963). When the opinion of...

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