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MEDLEY v. SCHOOL BOARD OF CITY OF DANVILLE, VIRGINIA

Nos. 72-2373, 72-2374.

482 F.2d 1061 (1973)

Charles L. MEDLEY, an infant, by Gracie Medley Hairston et al., Appellants, v. The SCHOOL BOARD OF the CITY OF DANVILLE, VIRGINIA, et al., Appellees. Charles L. MEDLEY, an infant, by Gracie Medley Hairston et al., Appellees, v. The SCHOOL BOARD OF the CITY OF DANVILLE, VIRGINIA, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1973.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond Va. (Henry L. Marsh, III, Hill, Tucker & Marsh, J. L. Williams, Danville, Va., Charles M. L. Mangum, Lynchburg, Va., Jack Greenberg, James M. Nabrit, III, and Norman J. Chachkin, New York City, on brief), for appellants in No. 72-2373 and for appellees in No. 72-2374.

G. Kenneth Miller, Richmond, Va. (May, Garrett, Miller & Parsons, Richmond, Va., Earle Garrett, Jr., Earle Garrett, III, and Garrett, Garrett & Smith, Danville, Va., on brief), for appellees in No. 72-2373 and for appellants in No. 72-2374.

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

FIELD, Circuit Judge:

This action was instituted following a direction from the Department of Health, Education and Welfare [HEW] to the Danville Virginia School Board that it review its policy of pupil assignment in the light of Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971). In the absence of a definitive proposal by the school board for 1972-73 the District Court for the Western...

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