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WHITLEY v. WILSON CITY BOARD OF EDUCATION

No. 71-1843.

457 F.2d 940 (1972)

Cynthia WHITLEY et al. (original plaintiffs), and Judith Lewis, a minor, by her mother and next friend, Mrs. Tenetha Lewis, et al., Appellants, and United States of America (Plaintiff-Intervenor), v. The WILSON CITY BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1972.

Attorney(s) appearing for the Case

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

Z. Hardy Rose, Wilson, N. C. (Lucas, Rand, Rose, Meyer, Jones & Orcutt, Wilson, N. C., on brief), for appellees.

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

PER CURIAM:

The factual background of this school desegregation case is sufficiently stated in our opinion on the prior appeal, Whitley v. Wilson City Board of Education, 4 Cir., 427 F.2d 179, filed May 26, 1970. Pursuant to our order of remand, the school board prepared a plan of desegregation and submitted it to the district court at a hearing scheduled for June 15, 1970. At first the district court tentatively approved the plan...

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