BROWN v. COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VA.

No. 9193.

327 F.2d 655 (1964)

Brenda Elaine BROWN, Pamela Brown, Sandra Brown, Cornell Jerome Brown, Julian Brown and Julia Brown, infants, by Julian E. Brown, their father and next friend, and Julian E. Brown, Appellants, v. COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA, Robert E. Aylor, Division Superintendent of Schools of Frederick County, Virginia, and E. J. Oglesby, Alfred L. Wingo and E. T. Justis, individually and constituting the Pupil Placement Board of the Commonwealth of Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 27, 1964.


Attorney(s) appearing for the Case

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

Joseph A. Massie, Jr., Winchester, Va., for appellee, County School Board of Frederick County, Va.

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


PER CURIAM.

This is a class action by Negro plaintiffs seeking: (1) admission of the named plaintiffs to a specified school, (2) an injunction against the operation of a bi-racial school system throughout the county, and (3) an award of counsel fees. While the action was pending it was made known to the court that the named plaintiffs were admitted to the school of their choice, whereupon the court issued an order removing the case from the active docket with leave...

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