BROWN v. COUNTY SCHOOL BOARD

No. 9825.

346 F.2d 22 (1965)

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 May 24, 1965.


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., (Massie & Snarr, Winchester, Va., on brief), for appellees.

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


HAYNSWORTH, Chief Judge:

A little more than a year ago this school desegregation case was remanded to the District Court to consider the appropriateness of general injunctive relief.1 The case had been dismissed after the named plaintiffs had been admitted to the schools of their choice, but it appeared that the School Board had been using a dual zoning system of assignments in the primary schools...

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