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

No. 74-1005.

498 F.2d 195 (1974)

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 New-port News, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 31, 1974.

Attorney(s) appearing for the Case

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

Robert V. Beale, Newport News, Va. (Bateman & Beale, Newport News, Va., and Panos A. Yeapanis, City Atty., for Newport News, Va., on brief), for appellees.

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

PER CURIAM:

In Thompson v. School Board of City of Newport News, Va. (4th Cir. 1972) 465 F.2d 83, we remanded this proceeding, instituted to achieve the desegregation of the public schools of the City of Newport News, to the District Court with direction that the Court should consider and make findings on these two issues:

(1) Whether, after considering any alternate plan submitted by the plaintiffs, and taking into consideration...

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