WALL v. STANLY COUNTY BOARD OF EDUCATION

No. 11019.

378 F.2d 275 (1967)

Audrey Gillis WALL and the North Carolina Teachers Association, a corporation, Appellants, v. The STANLY COUNTY BOARD OF EDUCATION, a public body corporate of Stanly County, North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 19, 1967.


Attorney(s) appearing for the Case

J. LeVonne Chambers, Charlotte, N. C. (Conrad O. Pearson, Durham, N. C., Jack Greenberg and James M. Nabrit, III, New York City, on brief), for appellants.

Henry C. Doby, Jr., Albemarle, N. C. (Staton P. Williams, Albemarle, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, BELL, WINTER and CRAVEN, Circuit Judges, sitting en banc.


CRAVEN, Circuit Judge:

It is now firmly established in this circuit (1) that the Fourteenth Amendment forbids the selection, retention, and assignment of public school teachers on the basis of race; (2) that reduction in the number of students and faculty in a previously all-Negro school will not alone justify the discharge or failure to reemploy Negro teachers in a school system; (3) that teachers displaced from formerly racially homogeneous schools must be judged...

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