GONZALES v. FAIRFAX-BREWSTER SCHOOL, INC.

No. 77-1278.

569 F.2d 1294 (1978)

Colin M. GONZALES, infant by his parents, Raymond Gonzales and Margaret R. Gonzales, and Michael C. McCrary, infant by Curtis L. McCrary and Sandra McCrary, Appellants, v. FAIRFAX-BREWSTER SCHOOL, INC., Russell L. Runyon, Katheryne E. Runyon and Southern Independent School Association, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1978.


Attorney(s) appearing for the Case

Roderic V. O. Boggs, Washington Lawyers' Committee for Civil Rights Under Law, Washington, D. C. (Allison W. Brown, Jr., Washington, D. C., Robert M. Alexander, Arlington, Va., on brief), for appellants.

Andrew A. Lipscomb, Bethesda, Md., for appellee Fairfax-Brewster School, Inc.

Louis Koutoulakos, Arlington, Va., for appellees Russell L. Runyon, Katheryne E. Runyon, d/b/a Bobbe's Private School.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and FIELD, Senior Circuit Judge.


FIELD, Senior Circuit Judge:

This is the epilogue to Runyon v. McCrary, 427 U.S. 160, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976), in which the Supreme Court held that private schools are prohibited by the Civil Rights Act of 1866, 42 U.S.C. § 1981, from denying admission to individuals on the basis of race. When the case returned to the district court pursuant to the Supreme Court's judgment, counsel for the plaintiffs filed a...

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