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WHEELER v. DURHAM COUNTY BOARD OF EDUCATION

Nos. 74-2137, 74-2138.

521 F.2d 1136 (1975)

Warren H. WHEELER et al., Appellants, v. The DURHAM COUNTY BOARD OF EDUCATION, a body politic, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1975.

Attorney(s) appearing for the Case

J. LeVonne Chambers, Charlotte, N. C. (Adam Stein, Charlotte, N. C., Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, New York City, William A. Marsh, Jr., and J. H. Wheeler, Durham, N. C., on brief), for appellants in Nos. 74-2137 and 74-2138.

Marshall T. Spears, Jr., Durham, N. C., and (Jerry L. Jarvis, Durham, N. C. on brief), for appellee Durham City Board of Education in Nos. 74-2137 and 74-2138.

James L. Newsom, Durham, N. C. (Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson, Durham, N. C., on brief), for appellees Durham County Board of Education, its Superintendent and Members in Nos. 74-2137 and 74-2138.

Rufus C. Boutwell, Jr., Asst. City Atty. (W. I. Thornton, Jr., City Atty., and Douglas A. Johnston, Asst. City Atty., on brief), for appellees The City Council of the City of Durham and the Individual Members of the City Council in Nos. 74-2137 and 74-2138.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.

CRAVEN, Circuit Judge:

These appeals are from orders entered in 1974 by the district court denying requests made by plaintiffs in 1972 for further injunctive relief with respect to desegregating the Durham City and County School systems. Both systems have been operating under plans approved by the district court in 1969 (County) and 1970 (City). The prior freedom-of-choice plans,1 by then virtually condemned by the Supreme Court in

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