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BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY, FLA. v. BRAXTON

No. 20294.

326 F.2d 616 (1964)

BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY, FLORIDA, et al., Appellants, v. Daly N. BRAXTON and Sharon Braxton, Minors, by Sadie Braxton, their mother and next friend, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 20, 1964.

Attorney(s) appearing for the Case

Elliott Adams, Davisson F. Dunlap, Fred H. Kent, of Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., for appellants.

Earl M. Johnson, Jacksonville, Fla., Constance Baker Motley, New York City, Leroy D. Clark, New York City, for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.

TUTTLE, Chief Judge.

This is an appeal by the Board of Education from an order of the trial court requiring a start in the desegregation of the public school system of Duval County, Florida, of which the city of Jacksonville is the county seat. The basis of the appeal is that by including a prohibition against approving budgets, making available funds, and otherwise providing the physical facilities to "maintain or support a school system operated on a racially segregated...

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