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DOWNING v. SCHOOL BOARD OF CITY OF CHESAPEAKE, VIRGINIA

No. 71-1850.

455 F.2d 1153 (1972)

Bonney N. DOWNING et al., Appellants, v. The SCHOOL BOARD OF the CITY OF CHESAPEAKE, VIRGINIA and E. W. Chittum, Division Superintendent of Schools for the City of Chesapeake, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1972.

Attorney(s) appearing for the Case

James W. Benton, Jr. and Henry Marsh, III, Richmond, Va. (S. W. Tucker, Richmond, Va., George Minor, Jr., Portsmouth, Va., Jack Greenberg, James M. Nabrit, III, and Norman J. Chachkin, New York City, on brief), for appellants.

R. D. McIlwaine, III, Richmond, Va. (William L. Forbes, City Atty., for the City of Chesapeake, on brief), for appellees.

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

DONALD RUSSELL, Circuit Judge.

This appeal is from an order of the District Court which approved a plan of desegregation as prepared and submitted, after consultation with and advice from HEW, by the defendant school district. The plaintiffs challenge the plan in three particulars: (1) They object to the approval of the conversion of Crestwood High School, formerly identifiable as black, into a junior high school, serving both white and black students in acceptable...

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