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NEWMAN v. CREWS

No. 79-1070.

651 F.2d 222 (1981)

Madeline H. NEWMAN, Pandora D. Baker, Florence G. Middleton, Ruthie S. Backman, on behalf of themselves and all others similarly situated, and Ulhma D. Warren, on behalf of herself and all others similarly situated, Appellants, v. Dr. Alton C. CREWS, individually and as Superintendent of the Charleston County School District; Keith Thompson, individually and as a member and representative of members of the Board of Trustees, Charleston County School District, and Board of Trustees, Charleston County School District, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1981.

Attorney(s) appearing for the Case

Ray P. McClain, Charleston, S. C. (McClain & Derfner, Charleston, S. C., on brief) for appellants.

Augustine T. Smythe, Susan Smythe, Charleston, S. C. (Buist, Moore, Smythe & McGee, Charleston, S. C., on brief) for appellees.

Before HAYNSWORTH, Senior Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Since 1945 the South Carolina Board of Education has certified its teachers on the basis of their scores on the National Teacher Examinations ("NTE"). In United States v. South Carolina, 445 F.Supp. 1094 (D.S.C.1977), aff'd mem., 434 U.S. 1026, 98 S.Ct. 756, 54 L.Ed.2d 775 (1978), a three-judge district court held that even though prospective black teachers obtained disproportionately...

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