GRIFFIN v. STATE BOARD OF EDUCATION

Civ. A. No. 4075

239 F.Supp. 560 (1965)

Cochyese GRIFFIN et al., Plaintiffs, v. STATE BOARD OF EDUCATION et al., Defendants.

United States District Court E. D. Virginia, at Richmond.

Decided March 9, 1965.


Attorney(s) appearing for the Case

S. W. Tucker and Henry L. Marsh, III, Richmond, Va., for plaintiffs.

William L. Marbury, Sp. Asst. Atty. Gen. of Va., Baltimore, Md., Robert Y. Button, Atty. Gen. of Va., R. D. McIllwaine, III, Asst. Atty. Gen. of Va., Frederick T. Gray, Sp. Asst. Atty. Gen. of Va., Richmond, Va., and Lewis A. Noonberg, Baltimore, Md., for defendants, State Bd. of Education of Commonwealth of Va. and Woodrow W. Wilkerson, Supt. of Public Instruction.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel and Thomas Stark, III, Commonwealth's Atty. for Amelia County, Amelia, Va., for defendant, Bd. of Supervisors of Amelia County.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel and L. J. Hammack, Jr., Commonwealth's Atty. for Brunswick County, Lawrenceville, Va., for defendant, Bd. of Supervisors of Brunswick County.

Paul D. Summers, Jr., City Atty., Charlottesville, Va., for defendant, Council of City of Charlottesville.

Douglas S. Mitchell, Commonwealth's Atty. for King and Queen County, West Point, Va., for defendant, Bd. of Supervisors of King and Queen County.

Leonard H. Davis, City Atty., and W. R. C. Cocke, Norfolk, Va., for defendant, Council of City of Norfolk.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel, and William R. Blandford, Commonwealth's Atty. for Powhatan County, Powhatan, Va., for defendant, Bd. of Supervisors of Powhatan County.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel, and William F. Watkins, Jr., Commonwealth's Atty., for Prince Edward County, Farmville, Va., for defendant, Bd. of Supervisors of Prince Edward County.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel, and Ernest W. Goodrich, Commonwealth's Atty., for Surry County, Surry, Va., for defendant, Bd. of Supervisors of Surry County.

J. Segar Gravatt, Blackstone, Va., as Sp. Counsel, and John F. Ewell, Commonwealth's Atty., for Warren County, Front Royal, Va., for defendant, Bd. of Supervisors of Warren County.

D. B. Marshall, Charlottesville, Va., and Geo. Stephen Leonard, Washington, D. C., for intervenors, E. J. Martin and others.

Before BRYAN, Circuit Judge, and HOFFMAN and BUTZNER, District Judges.


ALBERT V. BRYAN, Circuit Judge:

Upon consideration of the Virginia school tuition grant laws, we hold: (1) that they are not unconstitutional on their face, as fostering forbidden race distinctions; (2) that the grants may lawfully be used in a private, segregated, non-sectarian school if they do not constitute the preponderant financial support of the schools; but (3) if the grants are paid by the governmental authorities knowing the funds will be used to provide...

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