UNITED STATES of America, (Original), Plaintiff,
v.
HALIFAX COUNTY BOARD OF EDUCATION, a body corporate, Ferd L. Harrison, as Mayor of the Town of Scotland Neck, J. A. Andrews, F. G. Shearin, Frank B. Shields and J. I. Walston, Members of the Board of Commissioners of the Town of Scotland Neck, and the Town of Scotland Neck, a public body corporate, (Original) Defendants,
and
The Scotland Neck City Board of Education, a body corporate, (Additional) Defendant,
and
Maryetta Richardson and her infant children, Montenia, Timmie, Charlotte and Jimmy Richardson (Haliwa Indians), on behalf of several other hundred citizens and residents of Halifax County and Warren County, North Carolina, (Additional) Defendants,
and
Robert Morgan, Attorney General of North Carolina in behalf of the State of North Carolina, (Additional) Defendant,
and
Pattie Black Cotton, Edward M. Francis, and others, (Additional) Plaintiffs,
and
Mr. Henry Overman, Superintendent of Halifax County Schools, the Board of Commissioners of Halifax County, Scotland Neck City Board of Education, Franklin B. Bailey, Superintendent of Scotland Neck City Schools, Littleton-Lake Gaston School District and Russell N. Manning, Superintendent of Littleton-Lake Gaston School District, and the North Carolina State Board of Education, and Dr. Craig Phillips, North Carolina State Superintendent of Public Instruction, (Additional) Defendants.
United States District Court, E. D. North Carolina, Wilson Division.https://leagle.com/images/logo.png
May 23, 1970.
May 23, 1970.
Attorney(s) appearing for the Case
Charles K. Howard, Jr., Atty., Dept. of Justice, Washington, D. C., Warren H. Coolidge, U. S. Atty., Raleigh, N. C., for the United States.
W. Lunsford Crew, of Crew & Moseley, Roanoke Rapids, N. C., for Halifax County Bd. of Education.
C. Kitchin Josey, Scotland Neck, N. C., Walton K. Joyner, Raleigh, N. C., for The Scotland Neck City Bd. of Education.
William A. Creech, Raleigh, N. C., for Maryetta Richardson.
Ralph Moody, Deputy Atty. Gen., Dept. of Justice, Raleigh, N. C., for Robert Morgan.
James R. Walker, Jr., Weldon, N. C., Samuel S. Mitchell, Raleigh, N. C., for Pattie Black Cotton and others.
William S. McLean, of McLean, Stacy, Henry & McLean, Lumberton, N. C., for Littleton-Lake Gaston School District.
Robert Morgan, Atty. Gen. of N. C., Raleigh, N. C., for North Carolina State Bd. of Education and Dr. Craig Phillips.
Rom B. Parker, of Parker & Dickens, Enfield, N. C., for Bd. of County Commissioners of Halifax County.
United States District Court, E. D. North Carolina, Wilson Division.
OPINION and ORDER
LARKINS, District Judge.
SUMMARY
The subject of this opinion and one of the primary issues in this case is the constitutionality of Chapter 31 of the North Carolina Session Laws of 1969,1 a local act which carved out of the Halifax County, North Carolina, school system a separate administrative unit for the operation of the public schools in Scotland Neck, a town with a population of approximately...
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