NESBIT v. STATESVILLE CITY BOARD OF EDUCATION

Nos. 13229, 13582, 13583, 13626, 13803.

418 F.2d 1040 (1969)

Harriett D. NESBIT et al., Appellants, v. The STATESVILLE CITY BOARD OF EDUCATION, a public body corporate of Statesville, North Carolina, and A. D. Kornegay, Superintendent of Statesville City Public Schools, Appellees. Herbert ZIGLAR, Jr., Minor, by Herbert Ziglar, Sr., his father and next friend, Earl Ray Pass, Minor, by George Pass, his father and next friend, Omat Bosal Thomas, Minor, by Evelyn Rudd, his guardian and next friend, Lillian Bell, Minor, by Charles Bell, her father and next friend, Appellants, v. REIDSVILLE BOARD OF EDUCATION, Reidsville, North Carolina, a public body corporate, Appellee. Clarence THOMPSON et al., Appellants, v. DURHAM COUNTY BOARD OF EDUCATION, a body politic of Durham County, North Carolina, and Charles H. Chewning, Superintendent of the Durham County Schools, Appellees. Brenda Lee TRAYNHAM et al., Appellees, v. COUNTY SCHOOL BOARD OF HALIFAX COUNTY and the Committee For Control and J. L. Link, Paul C. Beatty, Edwin Conner, Armistead Traynham, George P. Smith, Logan Young, T. K. McDowell, Thomas E. Bradley, Frank M. Slayton, and Udy C. Wood, Division Superintendent of Schools, Appellants. Thomas TUCKER, Jr., et al., Appellees, v. COUNTY SCHOOL BOARD OF AMHERST COUNTY, VIRGINIA, et al., Appellants.

United States Court of Appeals Fourth Circuit.

Decided December 2, 1969.


Attorney(s) appearing for the Case

J. LeVonne Chambers and Adam Stein, Charlotte, N. C. (Conrad O. Pearson, Durham, N. C., Jack Greenberg, James M. Nabrit, III, Robert Belton and Norman Chachkin, New York City, on the briefs) for appellants Harriett D. Nesbitt and others.

Don P. Bagwell, Halifax, Va., and Frederick T. Gray, Richmond, Va., for appellants County School Board of Halifax County.

J. B. Wyckoff, Amherst, Va., for appellants County School Board of Amherst County, Va., and others.

Robert A. Collier, Sr., Statesville, N. C. (Collier, Harris & Homesley, Statesville, N. C., on the brief) for appellees Statesville City Board of Education and others.

William F. McLeod, Reidsville, N. C. (McLeod and Campbell, Reidsville, N. C., on the brief) for appellee Reidsville Board of Education.

Jerry L. Jarvis, Durham, N. C. (Watkins & Jarvis, Durham, N. C., on the brief) and James L. Newsom, Durham, N. C. (Newsom, Graham, Strayhorn & Hedrick, Durham, N. C., on the brief) for appellee Durham County Board of Education.

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, Hill, Tucker & Marsh, Richmond, Va., Ruth L. Harvey, J. L. Williams, Danville, Va., Jack Greenberg, James M. Nabrit, III, Norman Chachkin, New York City, on the brief) for appellees Brenda Lee Traynham and another.

David L. Norman, Deputy Asst. Atty. Gen. (Jerris Leonard, Asst. Atty. Gen., and Brian K. Landsberg, David D. Gregory, and Charles K. Howard, Attys., Dept. of Justice, on the brief) as amicus curiae for the United States.

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


PER CURIAM:

We consolidate these appeals for hearing and disposition in light of Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 41 (October 29, 1969). That recent decision of the Supreme Court teaches "[u]nder explicit holdings of this Court the obligation of every school district is to terminate dual school systems at once and to operate now and hereafter...

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