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BANKS v. MUNCIE COMMUNITY SCHOOLS

No. 18058.

433 F.2d 292 (1970)

David BANKS b/n/f Rosemary Banks et al., Plaintiffs-Appellants, v. MUNCIE COMMUNITY SCHOOLS, a corporation, N. Durward Cory as school superintendent, Raymond E. Rothhaar as school board member, Jack Peckinpaugh as school board member, J. Wesley Wray as school board member, Mrs. Carolyn Kelly as school board member, and Samuel L. Reed as school board member, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

July 8, 1970.

Attorney(s) appearing for the Case

James Manahan, Dewitt, Richards & Manahan, Indianapolis, Ind., for appellants.

Frank E. Gilkison, Muncie, Ind., R. Stanley Lawton, Indianapolis, Ind., John B. Beasley, Frank E. Gilkison, Jr., Muncie, Ind., Donald F. Elliott, Jr., Indianapolis, Ind., for defendants-appellees, White, Haymond, Pierce, Beasley & Gilkison, Muncie, Ind., Ice, Miller, Donadio & Ryan, Indianapolis, Ind., of counsel.

Before SWYGERT, Chief Judge, MAJOR, Senior Circuit Judge, and CAMPBELL, Senior District Judge.

SWYGERT, Chief Judge.

Plaintiffs brought this class action in the district court alleging racial discrimination and seeking a declaratory judgment and injunction prohibiting the defendants from: (1) constructing a third high school in Muncie, Indiana, which would allegedly upset the current racial balance in the two existing schools; (2) bussing elementary school pupils to schools not nearest their homes without a showing...

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