THOMPSON v. SCHOOL BD. OF CITY OF NEWPORT NEWS, VA.

Nos. 71-2032, 71-2033, 71-1993, 71-1994 and 72-1065.

472 F.2d 177 (1972)

Frank V. THOMPSON et al., Appellants, v. The SCHOOL BOARD OF the CITY OF NEWPORT NEWS, VIRGINIA and George J. McIntosh, Division Superintendent of Schools for the City of Newport News, Appellees (2 cases). Michael COPELAND et al., Appellants, v. SCHOOL BOARD OF the CITY OF PORTSMOUTH, VIRGINIA, et al., Appellees (2 cases). Nathaniel JAMES et al., Appellees, v. The BEAUFORT COUNTY BOARD OF EDUCATION, a public body corporate, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1972.


Attorney(s) appearing for the Case

Robert V. Beale (Bateman, West & Beale, and Panos A. Yeapanis, City Atty. for the City of Newport News, Va., on brief), for appellees in No. 71-2032 and for appellants in No. 71-2033.

Michael A. Korb, Jr., Virginia Beach, Va., for appellees in No. 71-1993 and for appellants in No. 71-1994.

Lee E. Knott, Jr., Washington, D. C. (McMullan, Knott & Carter, Washington, D. C., on brief), for appellant, and Adam Stein (Chambers, Stein, Ferguson & Lanning, and J. LeVonne Chambers, Charlotte, N. C., Conrad O. Pearson, Durham, N. C., Jack Greenberg, Norman Chachkin and Charles Stephen Ralston, New York City, on brief), for appellees in No. 72-1065.

Henry L. Marsh, III, S. W. Tucker, James W. Benton, Jr., and Hill, Tucker & Marsh, Richmond, Va., Philip S. Walker, Newport News, Va., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on brief, for appellants in No. 71-2032 and for appellees in No. 71-2033.

S. W. Tucker, 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 appellants in No. 71-1993 and for appellees in No. 71-1994.

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


Argued October 2, 1972 on Issue of Attorneys' Fees.

PER CURIAM:

We ordered en banc consideration of lawyer fee claims in these school cases to consider the extent of the applicability of § 718 of the Emergency School Aid Act of 1972. In the City of Portsmouth and the Beaufort County cases, however, apparently adequate fees are allowable on other bases. The precise extent of the reach of § 718 in those cases, therefore, now appears academic...

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