RUNYON v. McCRARY

No. 75-62.

427 U.S. 160 (1976)

RUNYON ET UX., DBA BOBBE'S SCHOOL v. McCRARY ET AL.

Supreme Court of United States.

Decided June 25, 1976.


Attorney(s) appearing for the Case

Louis Koutoulakos argued the cause and filed a brief for petitioners in No. 75-62. Andrew A. Lipscomb argued the cause and filed briefs for petitioner in No. 75-66. Geo. S. Leonard argued the cause for petitioner in No. 75-278. With him on the briefs were Sam Clammer and A. Gilmore Flues. Roderic V. O. Boggs argued the cause for petitioners in No. 75-306. With him on the briefs were Allison W. Brown, Jr., and Robert M. Alexander.

Mr. Brown argued the cause for respondents in Nos. 75-62, 75-66, and 75-278. With him on the briefs were Mr. Alexander and Mr. Boggs. Mr. Lipscomb argued the cause and filed a brief for respondent Fairfax-Brewster School, Inc., in No. 75-306. Mr. Koutoulakos filed a reply brief for respondents Runyon et ux. in No. 75-306.

Briefs of amici curiae urging affirmance in Nos. 75-62, 75-66, and 75-278 were filed by Solicitor General Bork, Assistant Attorney General Pottinger, Deputy Solicitor General Wallace, John P. Rupp, Brian K. Landsberg, and Judith E. Wolf for the United States; by Thomas J. Schwab for the Council for American Private Education et al.; and by Terrence Roche Murphy, Thomas C. Matthews, Jr., and David Rubin for the National Education Assn. Larry M. Lavinsky, Arnold Forster, Theodore R. Mann, Paul S. Berger, Melvin L. Wulf, Samuel Rabinove, and Nathaniel Jones filed a brief for the Anti-Defamation League of B'nai B'rith et al. as amici curiae urging affirmance in No. 75-62.


MR. JUSTICE STEWART delivered the opinion of the Court.

The principal issue presented by these consolidated cases is whether a federal law, namely 42 U. S. C. § 1981, prohibits private schools from excluding qualified children solely because they are Negroes.

I

The respondents in No. 75-62, Michael McCrary and Colin Gonzales, are Negro children. By their parents, they filed a class action against the...

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