610. Public elementary and high schools
||Brown v. Bd. of Education.
(DC Kan.) For facts, see I DOCKET 26. Sept., 1955: Further hearing; Def.-Bd. progressing satisfactorily in compliance with U.S.S.C. decisions. Ct. retained jurisdiction.
||Davis, et al v. County School Bd.
(Prince Edward County, Va.)*
||Briggs v. Elliott.
(Clarendon County, S. C.)*
||Clemons v. Bd. of Ed. of Hillsboro. Ohio.
(CA 6, #12494.)*
||Romero, et al. v. Weakley, et al.
(CA 9.) For facts, see I DOCKET 26. After decision by CA 9 (see Burleigh (610.7)), Def. officials of Imperial County signed stipulation Dec. 1, 1955 concluding case. Stipulation provides: 1) School districting henceforth solely on basis of pupil population; neutral zone system permitting arbitrary school assignments to be eliminated; 2) pupils in all grades assigned to schools on basis of nearness to homes; 3) no inter-zone transfers to be made on basis of race, creed, color or national origin; 4) teachers to be hired and assigned solely on basis of teaching qualifications, regardless of race.
||Burleigh, et al. v. Weakley, et al.
(CA 9.) For facts, see I DOCKET 26. Oct. 10, 1955: CA 9 reversed, holding: persons claiming that their rights have been abridged through segregation and discrimination because of race or nationality may exercise their choice as to whether they desire relief from fed'l ct. or state ct.; fed'l ct. may not require Pls. to turn to state cts., after they have sued in fed'l ct.; in any event, fed'l judge is more likely to be free from local pressures and hence can be more fair in adjudicating whether there has been segregation and discrimination in a local community.
||Hall, et al. v. St. Helena Parish School Bd., et al.
(ED La., Bat. Rge. Div., CA #1068.)*
||Bush, Jr., et al. v. Orleans Parish School Bd., et al.
(ED La., CA #3630.) For facts, see I DOCKET 27. Dist. Judge Wright, scheduled to hear case Nov. 14, requested Chief Judge Hutcheson of CA 5 to convene 3-judge court. Dec. 2: heard before 3-judge court.
||Matthews v. Launius, Pres., Bearden School Dist., et al.
(WD Ark., El Dorado Div., #570.) For facts, see I DOCKET 27.
L. Clifford Davis, Esq., 401½ East 9th, Fort Worth, Texas.
||Steiner v. Simmons.
(Dela. S. Ct.)*
||Covington, et al. v. Edwards, Supt. of Schools of Montgomery Co., et al.
(MD N. Caro., Rockingham Div., CA #323.) For facts, see I DOCKET 27. Pls. amended suit making clear that they were attacking only segregation provisions of state education law and not provisions for support of public school system generally. Fed'l Judge Hayes ruled that 3-judge ct. not necessary to hear action; ruling withheld on case.
||Dobbins v. Virginia.
(Va. Ct. of App.)*
||Borough, et al. v. Jenkins, et al.
(ED Okla., #4006-Civil.) Suit against sup't of schools at all-Negro Red Bird community for refusing to grant transfers to 14 Negro students which would permit them to attend integrated schools. Trial date: Nov. 30, 1955.
Ada Lois Fisher, Esq., 1129 Bellevidere, Okla. City, Okla.; U. Simpson Tate, Esq., 2600 Flora St., Dallas, Tex.; Thurgood Marshall, Esq., N.A.A.C.P., 107 W. 43rd, NYC.
||Bell, et al. v. Rippey, et al.
(ND Tex., CA #6165.) Suit to compel immediate abolition of racial segregation. Oct. 16, 1955: dismissed without prejudice on ground that Dallas provides equal school facilities for whites and Negroes and that U.S.S.C. ruling requires that districts shall do away with segregation after having worked out a proper plan. Appellants have given notice of appeal.
U. Simpson Tate, Esq., 2600 Flora St., Dallas, Texas.
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||Kelly, et al. v. Bd. of Education.
(MD Tenn., Nash. Div., CA #2094.) Suit filed Sept. 23, 1955 by relatives of 21 Negro children denied admission to white schools. Three-judge court asked to set aside Tenn. segregation laws and constitutional provisions. Order entered Oct. 17, by consent extending time to answer to Nov. 16.
Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P., 107 W. 43rd, NYC.
||McSwain, et al. v. County School Bd. of Anderson County, Tenn., et al.
(ED Tenn., CA #1555.) Suit to compel immediate desegregation. Motion pending for entry of final decree granting school authorities time to work out program of integration in the public schools.
Z. Alexander Looby, Esq., 419 4th Ave., Nashville, Tenn.; Avon N. Williams, Jr., Esq., 511 E. Vine St., Knoxville, Tenn.; Carl A. Cowen, Esq., 101½ W. Vine St., Knoxville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P., 107 W. 43rd, NYC.
||Jean, et al. v. Bd. of Education.
(ND Ga., CA #3923.) Suit filed Sept. 19, 1950 to secure equal school facilities for approximately 20,000 Negro children. Suit pending subject to disposition of motions.
A. T. Walden, Esq., 200 Walden Bldg., E. E. Moor, S. S. Robinson and S. S. Thomas, Esqs., 175 Auburn Ave. N.E., all of Atlanta, Ga.; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 107 W. 43rd, NYC.
||Corbin, et al. v. County School Bd. of Pulaski County, Va.
(CA 4, #5921.) (177 F. 2d 924.) CA 4: reversed dismissal of suit to compel Pl. admission to white public high school.
||Abernathy, et al. v. Izard, Bd. of Educ. Pres., Van Buren, et al.
(DC Ark., Ft. Smith.) Pl.-Negro parents brought suit Oct. 28, 1955 seeking immediate integration; asked immediate hearing before 3-judge ct. Nov. 7: Fed'l Judge Miller denied motion for 3-judge ct. because no constitutional questions involved.
||Dunn, et al. v. Bd. of Educ. of Greenbrier County, et al.
(SD W. Va., CA #1693.) Pl.-Negro students suing to end segregation by their parents, as next friends. Pending. T. G. Nutter, Esq., 609½ Virginia St. E., and Willard L. Brown, Esq., Brown Bldg., Washington & Shrewsbury Sts., both of Charleston, W. Va.
||Matlock v. Bd. of Cty. Commrs.
(Okla. S. Ct.) *
||Bd. of Supervisors of Hanover County v. Bd. of Educ. of Hanover County.
(Va. S. Ct. of App.) *
||McKinney, et al. v. Blankenship, et al.
(Texas S. Ct.) For facts, see I DOCKET 27. Oct. 12: Tex. S. Ct. unanimously upheld Dist. Ct. decision refusing to block use of state funds in integrated schools; held Tex. constitutional sections and statutes requiring segregation in public schools "unconstitutional and void".
||Doby, et ano. v. Brown, et al.
(MD N. Caro., CA #337.) Suit to prevent school board from condemning Pls.' land for construction of segregated school. Nov. 4, 1955: Dist. Ct. dismissed for want of jurisdiction.
Sedbury, Clayton and Sanders, Esqs., Charlotte, N. C.
||Hoxie School Dist. #46, et al. v. Brewer; Guthridge; White America, Inc., a corp.; Citizens Comm. Representing Segregation in the Hoxie Schools, unincorp. assn.; Johnson, Copeland; and White Citizens Council of Arkansas, unincorp. assn.
(ED Ark., #J-918.) Nov. 1, 1955: Fed'l Judge Trindle issued temporary injunction against Defs. interfering with racially-integrated public schools; held Ark. has no law requiring segregation in public schools. Overruling Defs.' motion for dismissal of Pl.-School Bd.'s complaint, Judge said: "The school board has tried to follow the law. All you've shown so far is that your people have worked to get the board to disobey the law." Dec. 8: suit begun before retired Judge Reeves of Mo.
Penix & Penix, Esqs., Jonesboro, Ark.; Edwin Dunnaway, Esq., Union Life Bldg., Little Rock, Ark., for Pl.-Bd. And see Brewer (610.56).
||Brewer, et al. v. Howell, Bd. of Educ. Pres., Hoxie.
(Ark. Chancery.) Suit by pro-segregationists to oust Def.-Bd. members for alleged irregular fiscal and employment policies. Nov. 26: Def.-Bd. member ordered to bring into ct. records of lumber co. with which he is affiliated. (Segregation is not mentioned in suit, but see Hoxie (610.55).) Trial reconvenes after Jan. 1, 1956.
||Adams, et al. v. LeBlanc, La. Atty. Genl., et al.
(ED La.) Pet. challenging $100,000 appropriation of public funds to fight integration litigations on local level, claiming that money cannot be used in defense of state laws which violate 14th Amdt. to U. S. Constitution (i.e., Act 555, withholding state bd. of educ. sanction from desegregated schools, and Act 446, authorizing parish school sup'ts to assign children to public schools). Defs. moved to dismiss. Pl. filed brief Dec. 1 in opposition.
A. P. Tureaud, Sr., Esq., 1821 Orleans Ave., New Orleans, La.