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SWANN v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION

No. 74-1201.

501 F.2d 383 (1974)

James E. SWANN et al., Appellees, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, etc., et al., Defendants. and H. D. Taylor et al., Added Defendants and Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1974.

Attorney(s) appearing for the Case

Hugh J. Beard, Jr., Charlotte, N. C., for appellants.

Julius LeVonne Chambers, Charlotte, N. C. (Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Jack Greenberg, James M. Nabrit, III, and Norman J. Chachkin, New York City, on brief), for appellees.

William W. Sturges, Charlotte, N. C., did not file a brief but appeared in person at oral argument for The Charlotte-Mecklenburg Bd. of Ed.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges.

PER CURIAM:

This appeal results from the issuance of a district court injunction prohibiting the parties named here as additional defendants from further prosecuting a pending action in North Carolina state courts, and presents only the narrow question of whether or not the prosecution of the state court suit was properly enjoined.

The additional defendants here are Guardians ad Litem for white students who, as plaintiffs, had alleged in the state court suit...

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