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BLAKENEY v. FAIRFAX COUNTY SCHOOL BOARD

No. 9418.

334 F.2d 239 (1964)

Glenda BLAKENEY, infant, by Evelyn Blakeney, her mother and next friend, Queen Esther Cox, infant, by Mildred Cox, her mother and next friend, Calvin Charles Jackson, by Ada Jackson, his mother and next friend, Roland Wilson Smith, Jr., and Derrick Norman Smith, infants, by Roland W. Smith, their father and next friend, Evelyn Blakeney, Mildred Cox, Ada Jackson, and Roland W. Smith, Appellants, v. FAIRFAX COUNTY SCHOOL BOARD et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 23, 1964.

Attorney(s) appearing for the Case

Allison W. Brown, Jr., Washington, D. C. (James M. Nabrit, III, New York City, S. W. Tucker, Richmond, Va., and Otto L. Tucker, Alexandria, Va., on brief), for appellants.

John S. Stump, Alexandria, Va., and James Keith, Fairfax, Va., for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

PER CURIAM:

Upon consideration of the briefs and arguments of counsel and the history of litigation involving the School Board of Fairfax County, we are of the view that the injunction to prohibit a system of segregated schools, prayed for by the five appellants, should have been granted.

Counsel for appellants tendered for the first time in this court a motion for intervention on behalf of 49 additional pupils. Not doubting our authority in appropriate circumstances...

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