GRIFFIN v. BOARD OF SUPERVISORS OF PRINCE EDWARD COUNTY

Nos. 9597, 9646-9649.

339 F.2d 486 (1964)

Cocheyse J. GRIFFIN, Mignon D. Griffin, Naja D. Griffin and L. Francis Griffin, Jr., infants, by and through L. Francis Griffin, Sr., their father and next friend, et al., Appellants, v. BOARD OF SUPERVISORS OF PRINCE EDWARD COUNTY and J. W. Wilson, Jr., Treasurer of Prince Edward County, State Board of Education of the Commonwealth of Virginia and Woodrow W. Wilkerson, Superintendent of Public Instruction of the Commonwealth of Virginia and County School Board of Prince Edward County, Virginia, and T. J. McIlwaine, Division Superintendent of Schools of said County, Appellees. Avis M. PETTAWAY et al., etc., Appellees, v. COUNTY SCHOOL BOARD OF SURRY COUNTY, VIRGINIA, and M. B. Joyner, Division Superintendent of Schools of Surry County, Virginia, Appellants. Avis M. PETTAWAY et al., etc., Appellees, v. BOARD OF SUPERVISORS OF SURRY COUNTY, W. E. Seward, Jr., Clifton M. Ellis, Jr., and J. A. Savedge, and A. T. Sowder, Treasurer of Surry County, Appellants. Avis M. PETTAWAY et al., etc., Appellees, v. STATE BOARD OF EDUCATION OF THE COMMONWEALTH OF VIRGINIA and Woodrow W. Wilkerson, Superintendent of Public Instruction of the Commonwealth of Virginia, Appellants. Avis M. PETTAWAY et al., etc., Appellees, v. Harvey J. BABB, R. Merrill Seward, Sidney G. Judkins and Lewis M. Berryman, individually and as the parent and natural guardian of children as named in their Motion to Intervene, individually and on behalf of said children, Appellants.

United States Court of Appeals Fourth Circuit.

Decided December 2, 1964.


Attorney(s) appearing for the Case

William L. Marbury, Sp. Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, R. D. McIlwaine, III, Asst. Atty. Gen. of Virginia, Frederick T. Gray, Sp. Asst. Atty. Gen., of Virginia, and Lewis A. Noonberg, Baltimore, Md., on the brief), for State Board of Education and Superintendent of Public Instruction of Commonwealth of Virginia, appellees in No. 9597 and appellants in No. 9648; S. W. Tucker and Henry L. Marsh, III, for appellants in No. 9597 and appellees in Nos. 9646, 9647, 9648 and 9649; and J. Segar Gravatt, Sp. Counsel (Wm. F. Watkins, Jr., Commonwealth's Atty. of Prince Edward County, on the brief), for appellee Board of Supervisors of Prince Edward County in No. 9597 and appellants Board of Supervisors of Surry County, its members, and A. T. Sowder, Treasurer of Surry County in No. 9647 (Ernest W. Goodrich, Commonwealth's Atty. of Surry County, on the brief), and counsel for appellants in No. 9649. John F. Kay, Jr., C. F. Hicks, Denny, Valentine & Davenport, and DeHardit, Martin & Hicks on brief for appellees County School Board of Prince Edward County, Virginia, and T. J. McIlwaine, Division Superintendent of Public Schools of Prince Edward County, Virginia, in No. 9597. John F. Kay, Jr., Counsel, and Denny, Valentine & Davenport, of counsel, on the brief, for County School Board of Surry County, its members, and M. B. Joyner, Division Superintendent of Schools, appellees in No. 9646.

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


SOBELOFF, Chief Judge:

Reaction to the decisions in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), and 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955), has taken a variety of forms throughout the country. In the present appeals we are called upon to examine certain procedures adopted in two counties in Virginia — Prince Edward and Surry. Since the cases have common...

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