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BREWER v. SCHOOL BOARD OF CITY OF NORFOLK, VIRGINIA

No. 71-1900.

500 F.2d 1129 (1974)

Carlotta Mozelle BREWER and Demetria Yvonne Brewer, infants by Oner Brewer, their father and next friend, et al., Appellants, v. The SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1974.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Henry L. Marsh, III, James W. Benton, Jr., Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, James M. Nabrit, III, Norman Chachkin, New York City, and Victor J. Ashe, Norfolk, Va., on brief) for appellants.

Allan G. Donn, Norfolk, Va. (Toy D. Savage, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., and Leonard H. Davis, City Atty., for the City of Norfolk, Va., on brief), for appellees.

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

PER CURIAM:

We are concerned with an award of attorneys' fees in a school desegregation case.

In 1972 we held that our direction that the School Board be required to provide free transportation to the pupils requiring transportation under a court-ordered desegregation plan conferred an economic benefit upon their parents which was somewhat analogous to the creation of a special fund. On that basis, we directed the...

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