COPPEDGE v. FRANKLIN COUNTY BOARD OF EDUCATION

No. 12752.

404 F.2d 1177 (1968)

Harold Douglas COPPEDGE et al., Plaintiffs, United States of America, by Ramsey Clark, Attorney General, Plaintiff-Intervenor, Appellees, v. The FRANKLIN COUNTY BOARD OF EDUCATION, a public body corporate; Warren W. Smith, Superintendent, Horace W. Baker, Chairman, Jones H. Winston, Albert C. Fuller, Lloyd A. West, William Taylor Boone, members of the Franklin County Board of Education, Appellants.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1968.


Attorney(s) appearing for the Case

Edward F. Yarborough and Charles M. Davis, Louisburg, N. C. (Irvin B. Tucker, Jr., Raleigh, N. C., and W. M. Jolly, Louisburg, N. C., on the brief), for appellants.

J. LeVonne Chambers, Charlotte, N. C. (Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Conrad O. Pearson, Durham, N. C., Jack Greenberg, James M. Nabrit, III, Robert Belton and James N. Finney, New York City, on the brief), for appellees.

Frank E. Schwelb, Atty., Dept. of Justice (Stephen J. Pollak, Asst. Atty. Gen., Nathan Lewin and Francis H. Kennedy, Jr., Attys., Dept. of Justice, on the brief), for intervenor.

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


HAYNSWORTH, Chief Judge:

The Board of Education of Franklin County, North Carolina, by this appeal, once again brings before us an order affecting the operation of the schools in that district. The appeal, based upon a claim of administrative impracticability, had little or no merit at the outset and became substantially moot when the Board, failing to obtain a stay, achieved complete compliance with it. Under the circumstances, the order of the District Court will...

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