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BREWER v. SCHOOL BOARD OF CITY OF NORFOLK, VIRGINIA

Nos. 14544, 14545.

434 F.2d 408 (1970)

Carlotta Mozelle BREWER et al., Appellants, v. The SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA et al., Appellees. UNITED STATES of America, Appellant, v. The SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1970.

Certiorari Denied June 29, 1970.

Attorney(s) appearing for the Case

Henry L. Marsh, III, Richmond, Va. (S. W. Tucker, Richmond, Victor J. Ashe, J. Hugo Madison, Norfolk, Va., Louis R. Lucas, Memphis, Tenn., Jack Greenberg, James M. Nabrit, III, and Norman J. Chachkin, New York City, on the brief), for appellants in No. 14,544.

J. Harold Flannery, Atty., Department of Justice (Jerris Leonard, Asst. Atty. Gen. of the United States, David L. Norman, Deputy Asst. Atty. Gen., and Charles K. Howard, Jr., Atty., Department of Justice, on the brief), for appellant in No. 14,545.

Toy D. Savage, Jr., Norfolk, Va. (Allan G. Donn and Willcox, Savage, Lawrence, Dickson & Spindle, and Leonard H. Davis, Norfolk, Va., for City of Norfolk, on the brief), for appellees.

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

Certiorari Denied June 29, 1970. See 90 S.Ct. 2247.

BUTZNER, Circuit Judge:

The United States and parents of black pupils attending the Norfolk, Virginia, public schools appeal from an order of the district court approving the Norfolk School Board's long-range plan for the creation of a unitary school system.1 Because this plan does not meet the constitutional requirements stated in Green v. County School Bd. of New Kent County...

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