FRANKLIN v. COUNTY SCHOOL BOARD OF GILES COUNTY

No. 10214.

360 F.2d 325 (1966)

Mary A. FRANKLIN, Lawrence H. Leftwich, Mary F. Montgomery, Sylvia J. Harvey, Hugh D. Woodlife, Sylvia D. Austin, Alma G. Spivey and Virginia Teachers Association, Incorporated, Appellants, v. COUNTY SCHOOL BOARD OF GILES COUNTY and P. E. Ahalt, Division Superintendent of Schools of Giles County, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1966.


Attorney(s) appearing for the Case

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

John H. Thornton, Jr., Roanoke, Va. (Thomas T. Lawson, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., and Martin & Powell, on brief), for appellees.

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


J. SPENCER BELL, Circuit Judge:

The plaintiffs, seven Negro teachers, and their Teachers' Association, appeal from a judgment of the district court holding that the teachers had been improperly discharged in violation of their Fourteenth Amendment right not to be discriminated against on account of their race. The appeal raises this question: What is the proper relief under the circumstances?

Prior to the 1963-1964 school year, all of the Negro children of...

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