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WRIGHT v. COUNCIL OF CITY OF EMPORIA

No. 14552.

442 F.2d 570 (1971)

Pecola Annette WRIGHT et al., Appellees, v. COUNCIL OF the CITY OF EMPORIA and the members thereof, and School Board of the City of Emporia and the members thereof, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1971.

Attorney(s) appearing for the Case

John F. Kay, Jr., Richmond, Va., and D. Dortch Warriner, Emporia, Va. (Warriner, Outten, Slagle & Barrett, Emporia, Va., and Mays, Valentine, Davenport & Moore, Richmond, Va., on brief) for appellants.

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, and Hill, Tucker & Marsh, Richmond, Va., and Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on brief) for appellees.

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

CRAVEN, Circuit Judge:

In this case and two others now under submission en banc we must determine the extent of the power of state government to redesign the geographic boundaries of school districts.1 Ordinarily, it would seem to be plenary but in school districts with a history of racial segregation enforced through state action, close scrutiny is required to assure there has not been gerrymandering for the purpose of perpetuating invidious...

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