RIDDICK BY RIDDICK v. SCHOOL BD. OF CITY OF NORFOLK

No. 84-1815.

784 F.2d 521 (1986)

Paul R. RIDDICK, Jr., and Phelicia Riddick, infants, by Paul R. RIDDICK, their father and next friend, Cynthia C. Ferebee, Johnny Ferebee, Gary Ferebee, and Wilbert Ferebee, infants, by Rev. Luther M. Ferebee, their father and next friend, Anita Fleming, infant, by Blanche Fleming, her mother and next friend, Darrell McDonald and Carolyn McDonald, infants, by Ramion McDonald, Sr., their father and next friend, Eric E. Nixon and James L. Nixon, infants, by Patricia Nixon, their mother and next friend, Johnny Owens; Trent Owens; Myron Owens, Shawn Owens, and Antonio Owens, infants, by Annette Owens, their mother and next friend; Paul R. Riddick, Rev. Luther M. Ferebee, Blanche Fleming, Ramion McDonald, Sr., Patricia Nixon, and Annette Owens, Appellants, v. The SCHOOL BOARD OF the CITY OF NORFOLK, Thomas G. Johnson, Jr., Dr. John H. Foster, Dr. Lucy R. Wilson, Jean C. Bruce, Cynthia A. Heide, Robert L. Hicks, Hortense R. Wells, Appellees. The Lawyers' Committee for Civil Rights Under Law, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 6, 1986.

Rehearing and Rehearing Denied March 19, 1986.


Attorney(s) appearing for the Case

Henry L. Marsh, III (S.W. Tucker, Randall G. Johnson, Hill, Tucker & Marsh, Richmond, Va., on brief), and Julius Levonne Chambers (James M. Nabrit, III, Napoleon B. Williams, Jr., New York City, Gwendolyn Jones Jackson, Delk, James & Jackson, Norfolk, Va., Elizabeth Turley, Little, Parsley & Cluverius, Richmond, Va., on brief), for appellants.

Jack E. Greer (J. Anderson Stalnaker, M. Wayne Ringer, Williams, Worrell, Kelly & Greer, Philip R. Trapani, Norfolk, Va., on brief), for appellees.

William Bradford Reynolds, Asst. Atty. Gen. (Charles J. Cooper, Deputy Asst. Atty. Gen., Michael Carvin, Dept. of Justice, Washington, D.C., on brief), for amicus curiae U.S.

(Fred N. Fishman, New York City, Robert H. Kapp, Washington, D.C., Norman Redlich, William L. Robinson, Conrad K. Harper, Eleanor M. Fox, Richard E. Meade, Simpson Thacher & Bartlett, New York City, on brief), for amicus curiae The Lawyers' Committee for Civil Rights Under Law.

Before WIDENER, SPROUSE and ERVIN, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 19, 1986.

WIDENER, Circuit Judge:

The plaintiffs, Paul R. Riddick and others, appeal the district court's refusal to invalidate a new pupil assignment plan for the elementary schools (grades K-6) of the City of Norfolk. 627 F.Supp. 814. Under the new assignment plan, mandatory cross-town busing, required at first by court order in 1971, is abolished. In its place, students are...

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