KELLEY v. METROPOLITAN CTY. BD. OF ED. OF NASHVILLE, TENN.

Nos. 71-1778, 71-1779.

463 F.2d 732 (1972)

Robert W. KELLEY et al., Henry C. Maxwell, Jr., et al., Plaintiffs-Appellees-Cross-Appellants, v. METROPOLITAN COUNTY BOARD OF EDUCATION OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, C.R. Dorrier, Chairman, et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

May 30, 1972.


Attorney(s) appearing for the Case

Avon N. Williams, Jr., Nashville, Tenn. (Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, Sylvia Drew, New York City, on the brief), for plaintiffs as appellees and cross-appellants.

Dick L. Lansden, Nashville, Tenn. (Harlan Dodson, Jr., Hamilton Gayden, Jr., Nashville, Tenn., on the brief), for defendants as appellants and cross-appellees.

K. William O'Connor, Civil Rights Div., Washington, D. C., for United States, amicus curiae.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.


EDWARDS, Circuit Judge.

In this case we do not write on a clean slate. What follows describes an incredibly lengthy record and settled law pertaining to segregated schools. We start with this latter, as recited in the United States Constitution and in three historic, unanimous decisions of the United States Supreme Court—the last dated 1971.

"[N]or shall any State . . . deny to any person within its jurisdiction the equal protection of the laws." U...

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