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COPELAND v. SCHOOL BOARD OF CITY OF PORTSMOUTH, VIRGINIA

Nos. 71-1993, 71-1994.

464 F.2d 932 (1972)

Michael COPELAND et al., Appellants, v. SCHOOL BOARD OF the CITY OF PORTSMOUTH, VIRGINIA, et al., Appellees. Michael COPELAND et al., Appellees, v. SCHOOL BOARD OF the CITY OF PORTSMOUTH, VIRGINIA, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1972.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, James W. Benton, Jr., and Hill, Tucker & Marsh, Richmond, Va., and James A. Overton, Portsmouth, Va., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on brief), for Michael Copeland and others.

Michael A. Korb, Jr., Portsmouth, Va., for School Board of City of Portsmouth and others.

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

PER CURIAM:

This is a school desegregation case. Both the plaintiffs and the school board have appealed from an order establishing a plan for the operation of the schools as a unitary system. We shall consider first the appeal of the plaintiffs.

I.

The initial complaint of the plaintiffs arises out of the failure of the approved plan to provide for free transportation for pupils assigned under the plan out of their neighborhood to schools beyond...

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