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COPPEDGE v. FRANKLIN COUNTY BOARD OF EDUCATION

No. 11794.

394 F.2d 410 (1968)

Howard Douglas COPPEDGE, a minor, by his Father and Next Friend, Rev. Luther Coppedge, et al., Plaintiffs, and 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, Mrs. T. H. Dickens, Chairman, Jones H. Winston, Albert C. Fuller, Lloyd A. West, Horace W. Baker, members of the Franklin County Board of Education, Appellants.

United States Court of Appeals Fourth Circuit.

Decided April 8, 1968.

As Corrected on Denial of Rehearing May 31, 1968.

Attorney(s) appearing for the Case

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

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

Frank E. Schwelb, Atty., Dept. of Justice (Stephen J. Pollak, Asst. Atty. Gen., and Francis H. Kennedy, Atty., Dept. of Justice, on brief), for plaintiff-intervenor.

Linwood T. Peoples, Henderson, N. C., for amici curiae.

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

HAYNSWORTH, Chief Judge:

The School Board of a county in which there has been much Ku Klux Klan activity appeals from an order requiring it to abandon its freedom of choice plan and to adopt a new plan for pupil assignments based upon a unitary system of geographic attendance zones or upon the consolidation of grades or schools or both. Since it clearly appears that the School Board did nothing to relieve the pressures inhibiting the free exercise of the right of...

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