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SANDLIN v. JOHNSON

No. 80-1213.

643 F.2d 1027 (1981)

Michelle SANDLIN, by her parents, Mr. and Mrs. Glenn Sandlin, Gary Stacy, by his parents, Mr. and Mrs. David E. Stacy, Revonda Ferrell, by her mother, Mrs. Mozetta Ferrell, Tina Wood, by her parents, Mr. and Mrs. James Ray Wood, Appellants, v. Earl JOHNSON, Superintendent, Pittsylvania County Schools, Richard Huffman, Principal, Whitmell Elementary School, E. B. Fitzgerald, Chairman, Pittsylvania County School Board, Dr. D. E. Burnette, Vice-Chairman, Pittsylvania County School Board, Obie G. Adams, Member, Pittsylvania County School Board, Koyeton H. Beavers, Jr., Member, W. S. Easley, Jr., Member, Carter G. Layne, Member, George A. Martin, Member, Calvin C. Oakes, Member, Carl A. Obuchowski, Member, Edith W. Smith, Member, Harold E. Terry, Member, and William K. Pearson, Member, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Fred D. Smith, Jr., Martinsville, Va. (Gendron, Kirby & Smith, Martinsville, Va., on brief), for appellant.

Frank O. Meade, Danville, Va. (Meade, Tate & Daniel, Danville, Va., on brief), for appellees.

Before RUSSELL, MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Four second grade students filed the case as a class action on behalf of themselves and eighteen other similarly situated second graders1 against the principal of their school, and the superintendent of schools and school board of Pittsylvania County, Virginia. Plaintiffs attended the Whitmell Elementary School. Only one member of their class was promoted to the third grade at the end of the 1977-1978 school year...

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