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SMITH v. NORTH CAROLINA STATE BOARD OF EDUCATION

No. 15072.

444 F.2d 6 (1971)

Everett DeCarl SMITH, Jr., et al., Appellees, and United States of America, Intervenor-Appellee, v. NORTH CAROLINA STATE BOARD OF EDUCATION et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 1971.

Attorney(s) appearing for the Case

Ralph Moody, Deputy Atty. Gen. of North Carolina (Robert B. Morgan, Atty. Gen., and Andrew A. Vanore, Jr., Asst. Atty. Gen., on the brief), for appellants.

Adam Stein, Charlotte, N. C. (J. LeVonne Chambers and Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Conrad O. Pearson, Durham, N. C., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on the brief), for appellees.

Brian K. Landsberg, Atty., Dept. of Justice (Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., and Robert Dempsey, Atty., Dept. of Justice, Warren H. Coolidge, U. S. Atty. for the Eastern District of North Carolina, on the brief), for intervenor-appellee.

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

PER CURIAM:

We agree with the district court that the North Carolina State Board of Education, the State Superintendent of Public Instruction, and the Controller of the State Board of Education are proper parties. But for reasons fully stated by Judge Craven in his order of July 31, 1970* staying portions of the order of the district court, those provisions of the order stayed by Judge Craven are now vacated.

Nothing in Judge Craven...

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