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PETTAWAY v. COUNTY SCHOOL BOARD OF SURRY COUNTY, VIRGINIA

No. 9286.

332 F.2d 457 (1964)

Avis M. PETTAWAY, Bettie L. Pettaway, Florence L. Pettaway and Leon S. Pettaway, infants, by Charles L. Pettaway and Bessie W. Pettaway, their father and mother and next friends, et al., Appellants, v. COUNTY SCHOOL BOARD OF SURRY COUNTY, VIRGINIA, et al., M. B. Joyner, individually and as Division Superintendent of Schools of Surry County, Virginia, Board of Supervisors of Surry County, Virginia, et al., A. T. Sowder, County Treasurer of Surry County, Virginia, State Board of Education, and Woodrow W. Wilkerson, Superintendent of Public Instruction, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 25, 1964.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, Richmond, Va., on brief), for appellants.

John F. Kay, Jr., Richmond, Va. (Willis W. Bohannan and Bohannan & Marable, Petersburg, Va., and Denny, Valentine & Davenport, Richmond, Va., on brief), for appellees County School Board and Division Superintendent of Schools.

J. Segar Gravatt, Blackstone, Va. (Ernest W. Goodrich, Surry, Va., on brief), for appellee Board of Supervisors.

Robert Y. Button, Atty. Gen. of Virginia, and R. D. McIlwaine, III, Asst. Atty. Gen., on brief for appellees State Board of Education and Superintendent of Public Instruction.

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

HAYNSWORTH, Circuit Judge.

This appeal has been taken from an interlocutory order refusing a preliminary injunction, with resulting delay in a hearing upon the merits. We affirm the interlocutory order and remand the case forthwith in the interest of a hearing and disposition of the case on the merits without further unnecessary delay.

Heretofore the School Board of Surry County, Virginia, operated three schools. One of them, Surry School, caring for both...

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