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ATKINS v. STATE BOARD OF EDUCATION OF NORTH CAROLINA

No. 13320.

418 F.2d 874 (1969)

J. Alston ATKINS, Pro Se, Appellant, v. STATE BOARD OF EDUCATION OF NORTH CAROLINA (W. Dallas Herring, Chairman, Charles F. Carroll, Secretary); Charles F. Carroll, State Superintendent of Public Instruction and Administrative Head of the North Carolina Free Public School System, and his Successor in Office; Winston-Salem/Forsyth County Board of Education (William M. Knott, Jr., Chairman, Marvin Ward, Secretary); Board of County Commissioners of Forsyth County, North Carolina (Fred D. Hauser, Chairman, G. R. House, Jr., County Manager); City of Winston-Salem, North Carolina (M. C. Benton, Jr., Mayor, John M. Gold, City Manager), Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 25, 1969.

Attorney(s) appearing for the Case

J. Alston Atkins, pro se.

W. F. Womble, Winston-Salem, N. C. (John L. W. Garrou, and Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on brief), for appellees.

Norman B. Smith, Greensboro, N. C., on brief for Harvey H. Allen and Simona A. Allen, appellants amicus curiae.

Before WINTER, CRAVEN, and BUTZNER, Circuit Judges.

PER CURIAM:

J. Alston Atkins brought this action to require the State of North Carolina and the Winston-Salem/Forsyth County Board of Education to provide a racially integrated unitary school system.1 Atkins claimed status to maintain his action because he is a taxpayer, the grandparent of children attending the public schools, and a Negro.

In Flast v. Cohen, 392 U.S. 83, 99, 88 S.Ct. 1942, 1952...

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