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WHITLEY v. WILSON CITY BOARD OF EDUCATION

No. 14116.

427 F.2d 179 (1970)

Cynthia WHITLEY and Will Whitley, Infants, By their Father and Next Friend, Alton Whitley, Thomas Allen Broome and Andrew Timothy Broome, Infants, By their Father and Next Friend, Glenn Broome, Billy Etheridge, Infants, By his Father and Next Friend, Wiley Etheridge, Timothy Williamson and Kimberly Williamson, Infants, by their Father and Next Friend, Earl Williamson, and all others similarly situated, Appellants, v. The WILSON CITY BOARD OF EDUCATION, George S. Willard, Superintendent of the Wilson City Schools, George H. Adams, Chairman of the Wilson City Board of Education, and Mrs. E. B. Jordan, R. E. Kirkland, Dr. E. C. Neeland, B. B. Plyler, Jr., Mrs. D. Stuart Walston and Mrs. William B. Young, Members of the Wilson City Board of Education, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1970.

Attorney(s) appearing for the Case

Thomas M. Moore, Wilson, N. C. (George A. Weaver and Moore, Moore & Weaver, Wilson, N. C., on brief), for appellants.

Z. Hardy Rose, Wilson, N. C. (Lucas, Rand, Rose, Meyer & Jones, Wilson, N. C., on brief), for appellees.

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

CRAVEN, Circuit Judge:

This school desegregation suit is a class action brought pursuant to Rule 23, Federal Rules of Civil Procedure, by plaintiffs as next friends for their school age children, and as representatives of a class of 123 white children who live outside the City of Wilson, but within the Wilson City School District, and who have been assigned to attend previously all-black Barnes Elementary School. On August 29, 1969, the district court denied plaintiffs...

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