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UNITED STATES v. SCOTLAND NECK CITY BOARD OF EDUCATION

Nos. 14929, 14930.

442 F.2d 575 (1971)

UNITED STATES of America, and Pattie Black Cotton, Edward M. Francis, Public School Teachers of Halifax County, et al., Appellees, v. SCOTLAND NECK CITY BOARD OF EDUCATION, a body corporate, Appellant. UNITED STATES of America, and Pattie Black Cotton, Edward M. Francis, Public School Teachers of Halifax County, and others, Appellees, v. Robert MORGAN, Attorney General of North Carolina, the State Board of Education of North Carolina, and Dr. A. Craig Phillips, North Carolina State Superintendent of Public Instruction, Appellants.

United States Court of Appeals, Fourth Circuit.

Reargued December 7, 1970.

Decided March 23, 1971.

Attorney(s) appearing for the Case

William T. Joyner, Raleigh, N. C., and C. Kitchin Josey, Scotland Neck, N. C. (Joyner & Howison, Raleigh, N. C., and Robert Morgan, Atty. Gen. of N. C., on brief) for appellants.

Brian K. Landsberg, Atty., Dept. of Justice (Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Francis H. Kennedy, Jr., and Robert Dempsey, Attys., Dept. of Justice, and Warren H. Coolidge, U. S. Atty., on brief) for appellee United States.

James R. Walker, Jr., (Samuel S. Mitchell, Raleigh, N. C., on brief) for appellees Pattie Black Cotton, and others.

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

Argued Sept. 16, 1970.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

Reargued Dec. 7, 1970.

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

CRAVEN, Circuit Judge:

The Scotland Neck City Board of Education and the State of North Carolina have appealed from an order of the United States District Court for the Eastern District of North Carolina...

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