MARTIN v. CHARLOTTE-MECKLENBURG BD. OF ED.

No. 79-1586.

626 F.2d 1165 (1980)

George MARTIN, for himself and in behalf of his minor children, Ellen and Catherine Martin, et al., Appellants, v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, et al., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1980.


Attorney(s) appearing for the Case

Whiteford S. Blakeney, Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for appellants.

William W. Sturges, Charlotte, N. C. (Hugh B. Campbell, Jr., Weinstein, Sturges, Odom, Bigger, Jonas & Campbell, P. A., Charlotte, N. C., on brief), and Julius L. Chambers, Charlotte, N. C. (Karl Adkins, Chambers, Stein, Ferguson & Becton, P. A., Charlotte, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Plaintiffs brought this suit for themselves and their children, students in the Charlotte-Mecklenburg school system, seeking to enjoin the Board of Education from implementing the Board's 1978 pupil reassignment plan. The district court denied plaintiffs' prayer for a temporary restraining order and an injunction, and this appeal followed. Concluding that the 1978 assignment plan is within the Board's plenary powers over educational...

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