BOARD OF MANAGERS OF ARK. TR. SCH. FOR BOYS v. GEORGE

No. 18536.

377 F.2d 228 (1967)

The BOARD OF MANAGERS OF the ARKANSAS TRAINING SCHOOL FOR BOYS AT WRIGHTSVILLE et al., Appellants, v. Mrs. Nona Mae GEORGE et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 21, 1967.


Attorney(s) appearing for the Case

Jack L. Lessenberry, Sp.Asst. Atty. Gen., Little Rock, Ark., for appellants; Bruce Bennett, Atty. Gen., Fletcher Jackson and H. Clay Robinson, Asst. Attys. Gen., Little Rock, Ark., were on the brief.

Sheila Rush Jones, NAACP Legal Defense & Educational Fund, Inc., New York City, for appellees; Jack Greenberg, James M. Nabrit, III, Michael Meltsner, New York City, and John Walker, Little Rock, Ark., on the brief.

Franklin E. White, Atty., Civil Rights Div., Washington, D. C., for the United States as amicus curiae and John Doar, Asst. Atty. Gen., David L. Norman, Atty., Washington, D. C. and also Robert D. Smith, Jr., U. S. Atty., Little Rock, Ark., on the brief.

Before MATTHES, LAY and HEANEY, Circuit Judges.


LAY, Circuit Judge.

This action comes to us as an interlocutory appeal under Tit. 28 U.S.C. § 1292 (b), from an order overruling appellants' motion to dismiss. The district court granted the appeal since our decision may advance the ultimate termination of the litigation. We granted leave to file the appeal and have heard oral arguments from the respective parties.

Plaintiffs, Mrs. Nona Mae George and her minor son, Roy Lee Lewis, are Negro citizens who...

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