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GILLIAM v. SCHOOL BOARD OF CITY OF HOPEWELL, VIRGINIA

No. 9258.

332 F.2d 460 (1964)

Renee Patrice GILLIAM and Reuben Lemuel Gilliam, Jr., infants, by Reuben L. Gilliam and Joy T. Gilliam, their father and mother and next friends, et al., Appellees, v. SCHOOL BOARD OF the CITY OF HOPEWELL, VIRGINIA, and Charles W. Smith, Division Superintendent of Schools of the City of Hopewell, Virginia, and E. J. Oglesby, Alfred L. Wingo and E. T. Justis, constituting the Pupil Placement Board of the Commonwealth of Virginia, Appellants.

United States Court of Appeals Fourth Circuit.

Decided May 25, 1964.

Attorney(s) appearing for the Case

Frederick T. Gray and A. B. Scott, Richmond, Va. (Robert Y. Button, Atty. Gen., of Virginia, R. D. McIlwaine, III, Asst. Atty. Gen., and Williams, Mullen & Christian, and Peyton, Beverley, Scott & Randolph, Richmond, Va., on brief), for appellants.

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

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

HAYNSWORTH, Circuit Judge:

The issues tendered by the defendants in this school case have become moot. The appeal will be dismissed for that reason.

As background, reference should first be made to an earlier order from which no appeal was taken.

The Hopewell School Board had been assigning pupils on the basis of geographic zoning, except that members of racial minorities thus assigned to a school were allowed to transfer to some other school in which...

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