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NORTHCROSS v. BOARD OF EDUCATION OF MEMPHIS CITY SCH.

No. 71-1174.

444 F.2d 1184 (1971)

Deborah A. NORTHCROSS et al., Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the MEMPHIS CITY SCHOOLS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

June 7, 1971.

Attorney(s) appearing for the Case

Louis R. Lucas, William E. Caldwell, Ratner, Sugarmon & Lucas, Memphis, Tenn., Jack Greenberg, Norman Chachkin, New York City, for appellants.

Jack Petree, Evans, Petree, Cobb & Edwards, Memphis, Tenn., for appellee.

Before WEICK and CELEBREZZE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

On Petition for Rehearing

WEICK, Circuit Judge.

A majority of the active Judges of this Court having voted against a rehearing in banc, the petition for rehearing is properly before the panel for consideration and determination. Judges Edwards and McCree voted in favor of a rehearing in banc.

Subsequent to our decision herein, the Supreme Court has handed down opinions in Swann, McDaniel, Davis, Moore and North Carolina State Board of Education,...

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