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RUMLER v. BOARD OF SCHOOL TRUSTEES

No. 71-1086.

437 F.2d 953 (1971)

Stanley RUMLER, a minor by his father and next friend, Harold Rumler, Frankie Nichols, a minor, by his father and next friend, James Nichols, on their behalf and on behalf of all those similarly situated, Appellants, v. BOARD OF SCHOOL TRUSTEES FOR LEXINGTON COUNTY DISTRICT NUMBER ONE, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1971.

Attorney(s) appearing for the Case

Laughlin McDonald and Jack F. McGuinn, Columbia, S.C. (James A. Rebholz, Milwaukee, Wis., Melvin Wulf, and Joel Gora, New York City, on brief), for appellants.

J. Means McFadden, Columbia, S.C. (T. H. Rawl, Jr., Lexington, S.C., and Robinson, McFadden, Moore & Pope, Columbia, S.C., on brief), for appellees.

Before CRAVEN and BUTZNER, Circuit Judges, and MILLER, District Judge.

PER CURIAM:

This is the first long hair case to reach the Fourth Circuit but it comes to us factually undeveloped. There has been no hearing below on the merits of the restrictive regulations of Lexington County School District No. 1 regarding hair length of male students. The students appeal from denial of their motion for a preliminary injunction. Applying standard rules of procedure, 3 Barron & Holtzoff, Federal Practice & Procedure, § 1431 et seq...

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