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TURNER v. LITTLETON-LAKE GASTON SCHOOL DISTRICT

No. 14990.

442 F.2d 584 (1971)

Alvin TURNER et al., and JoAnne Amelia Clayton et al., Appellees, v. The LITTLETON-LAKE GASTON SCHOOL DISTRICT, a public body corporate of Warren County and Halifax County, North Carolina, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1971.

Attorney(s) appearing for the Case

William S. McLean, Lumberton, N. C. (McLean, Stacy, Henry & McLean, Lumberton, N. C., James H. Limer, Littleton, N. C., Robert Morgan, Atty. Gen. of N. C., and Ralph Moody, Deputy Atty. Gen., on brief) for appellant.

Adam Stein, Charlotte, N. C. (J. LeVonne Chambers, and Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., T. T. Clayton and Frank Ballance, and Clayton & Ballance, Warrenton, N. C., Conrad O. Pearson, Durham, N. C., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, 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 is one of three cases on appeal in which the court below enjoined the carving out of a new school district containing approximately 50 percent white students and 50 percent black students from a county school district containing a substantial majority of black students. In the other two cases, we reversed the district court. United States v. Scotland Neck Board of Education, 442 F.2d 575, Nos. 14,929 and...

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