RICHARDSON v. McFADDEN

Nos. 73-2512 and 73-2513.

563 F.2d 1130 (1977)

David RICHARDSON, Patricia King, Patrick Kelly and Hiram Spain, on behalf of themselves and all others similarly situated, Appellants, v. J. Means McFADDEN, Morris D. Rosen, C. W. F. Spencer, Robert D. Schumpert, David L. Freeman and Albert L. James, Jr., individually and as members of the State Board of Law Examiners, and Miss Frances Smith, Clerk of the Supreme Court of South Carolina, Appellees. David RICHARDSON, Patricia King, Patrick Kelly and Hiram Spain, on behalf of themselves and all others similarly situated, Appellees, v. J. Means McFADDEN, Morris D. Rosen, C. W. F. Spencer, Robert D. Schumpert, David L. Freeman and Albert L. James, Jr., individually and as members of the State Board of Law Examiners, and Miss Frances Smith, Clerk of the Supreme Court of South Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 12, 1977.


Attorney(s) appearing for the Case

Ray P. McClain and F. Henderson Moore, Charleston, S.C. (Laughlin McDonald, Neil Bradley, Atlanta, Ga., Melvin L. Wulf, E. Richard Larson, New York City, on brief), for appellants in 73-2512 and for appellees in 73-2513.

Randall T. Bell, Columbia, S.C. (Daniel R. McLeod, Atty. Gen. of South Carolina and A. Camden Lewis, Asst. Atty. Gen. of South Carolina, Columbia, S.C., on brief), for appellees in 73-2512 and for appellants in 73-2513.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, WINTER, CRAVEN, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges, sitting in banc on resubmission.


PER CURIAM:

We granted rehearing in banc to reconsider the issues decided by a panel of the court in Richardson v. McFadden, 540 F.2d 744 (4 Cir. 1976). There, in an action for declaratory and injunctive relief brought by four black law school graduates who had satisfied all requirements for admission to the South Carolina Bar, except that they received failing scores on the bar examination, the panel decided that the district...

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