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WHEELER v. DURHAM CITY BOARD OF EDUCATION

No. 10460.

363 F.2d 738 (1966)

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 July 5, 1966.

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, J. H. Wheeler, Durham, N. C., and J. LeVonne Chambers, Charlotte, 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 BELL, Circuit Judges, sitting en banc.

ALBERT V. BRYAN, Circuit Judge:

Further racial desegregation of the public schools in the City of Durham, North Carolina is sought by the appellants, Negro pupils and parents. Since 1960 they have continually pressed for rights and privileges assertedly accorded them by Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954). The history of the Durham litigation and the school board's plans for the non-racial assignment...

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