ALLEN v. STATE BOARD OF EDUCATION OF NORTH CAROLINA

No. 71-1563.

447 F.2d 960 (1971)

Harvey H. ALLEN and Simona A. Allen, Appellants, v. STATE BOARD OF EDUCATION OF NORTH CAROLINA et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 9, 1971.


Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C. (Smith & Patterson, Greensboro, N. C., on the brief), for appellants.

Paul Eugene Price, Jr., County Atty. for Forsyth County (Robert K. Leonard, Atty. for Board of County Commissioners of Forsyth County, on brief) and William F. Womble, (Womble, Carlyle, Sandridge & Rice, and John L. W. Garrow, Winston-Salem, N. C., on the brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and RUSSELL, Circuit Judges.


PER CURIAM:

In this school case the plaintiffs, among other relief, sought to restrain the issuance and sale of school bonds. They raised no question concerning the validity of the bond referendum or the authorization of the bond issue. The relief sought stems entirely from an expression of concern that the proceeds of the bond issue might be spent in such a way as to encourage a segregated school system.

The District Court granted a partial summary judgment...

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