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ALLEN v. ASHEVILLE CITY BOARD OF EDUCATION

No. 14497.

434 F.2d 902 (1970)

B. Lee ALLEN et al., Appellants, v. The ASHEVILLE CITY BOARD OF EDUCATION, a public body corporate, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 2, 1970.

Attorney(s) appearing for the Case

James E. Ferguson, II, Charlotte, N. C. (J. LeVonne Chambers, and Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Robert Harrell, Ruben J. Dailey, Asheville, N. C., Conrad O. Pearson, Durham, N. C., Jack Greenberg and James M. Nabrit, III, New York City, on brief), for appellants.

William C. Morris, Jr., Asheville, N. C. (Williams, Morris & Golding, Asheville, N. C., on brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This is another school case, but a distinctive one. In Asheville, North Carolina, there are neither black schools nor white schools, just schools. Green v. County School Board of New Kent County, Virginia, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968). The Asheville City Board of Education operates 12 schools, the characteristics of which are set out in the margin.1 According...

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