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BOARD OF EDUCATION OF OKLAHOMA CITY PUB. SCH. v. DOWELL

No. 8523.

375 F.2d 158 (1967)

The BOARD OF EDUCATION OF the OKLAHOMA CITY PUBLIC SCHOOLS, INDEPENDENT DISTRICT NO. 89, OKLAHOMA COUNTY, OKLAHOMA, a Public Body Corporate, Jack F. Parker, Superintendent of the Oklahoma City, Oklahoma, Public Schools, M. J. Burr, Assistant Superintendent of the Oklahoma City, Oklahoma, Public Schools, Melvin P. Rogers, Phil C. Bennett, William F. Lott, Mrs. Warren F. Welch and Foster Estes, Members of the Board of Education of Oklahoma City Schools, Independent District No. 89, Oklahoma County, Oklahoma, and their Successors in Office, Appellants, v. Robert L. DOWELL and Vivian C. Dowell, Infants, by A. L. Dowell, their Father and Next Friend, Edwina Houston Helton, a Minor, by her Mother, Gloria Burse, and Gary Russell, a Minor, by his Father, George Russell, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 15, 1967.

Certiorari Denied May 29, 1967.

Attorney(s) appearing for the Case

Coleman Hayes, of Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl., for appellants.

Robert D. Looney, Oklahoma City, Okl., for amicus curiae, Harding High School Parents Teachers Assn.

Submitted on brief by Wheeler, Parsons, & Wheeler, Oklahoma City, Okl., for amicus curiae, Oklahoma Education Assn.

Jack Greenberg, New York City (James M. Nabrit, III, New York City, and U. Simpson Tate, Wewoka, Okl., on the brief) for appellees.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

Certiorari Denied May 29, 1967. See 87 S.Ct. 2054.

HILL, Circuit Judge.

This appeal is from an order enjoining appellants to do certain enumerated administrative acts in order to effectuate racial desegregation in the public school system of Oklahoma City, Oklahoma.

The action was commenced in October, 1961, in the Western District of Oklahoma as a class action seeking equitable relief to enjoin the Board of Education of the Oklahoma City Public Schools...

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