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WHEELER v. DURHAM CITY BOARD OF EDUCATION

No. 9630.

346 F.2d 768 (1965)

Warren H. WHEELER et al., and C. C. Spaulding, III, et al., Appellants, v. The DURHAM CITY BOARD OF EDUCATION, a body politic in Durham County, North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 1, 1965.

Attorney(s) appearing for the Case

James M. Nabrit, III, New York City, (Jack Greenberg, Derrick A. Bell, Jr., New York City, Conrad O. Pearson, M. Hugh Thompson, William A. Marsh, Jr., F. B. McKissick and J. H. Wheeler, Durham, N. C., on brief) for appellants.

Jerry L. Jarvis and Marshall T. Spears, Durham, N. C. (Spears, Spears & Barnes, and Watkins & Jarvis, Durham, N. C., on brief) for appellee.

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

BOREMAN, Circuit Judge.

For a third time these consolidated cases involving desegregation of the public schools of Durham, North Carolina, are here on appeal. The actions were begun in 1960. In July, 1961, the District Court found1 that the Durham City Board of Education (hereinafter "Board") operates a dual system of attendance areas based on race but refused to consider the case as a class action...

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