522. Suits to enforce integration
||Shuttlesworth, et al. v. Birmingham Bd. of Educ.
(DC Ala.) Pl.-Negro children took battery of tests under state pupil placement act. Aug. 20, 1957: Pls. requested assignment on non-racial basis to nearest schools. Def.-Bd. has not acted on request. Suit to require placement on non-segregated basis filed, to be heard by 3-judge statutory ct.
||Matthews, et al. v. Launius, et al.
(Bearden Dist.) (WD Ark., Civ. #570.)*
||Aaron, et al. v. Cooper, et al.
(Little Rock.) (ED Ark., W. Div., #3113.) For facts, see II DOCKET 23, 61, III DOCKET 15, 39. Feb. 20: Def.-Bd. petitioned DC for order vacating desegregation decree entered Aug. 30, 1957, alleging opposition by small group of students and adults, pro-segregation laws passed by state, lack of penal sanctions against obstructionists by fed'l. officers, leaving Def.-Bd.- 60 -
"standing alone." Feb. 25: Pls. filed motion to dismiss petition. Pending.
And see cases at 522.Ark and 523.Ark and 204.5-.14.
||Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm.
(Little Rock.) (ED Ark., #3415.)*
||Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm.
(Little Rock.) (Pulaski Co. Cir. Ct.)*
And see cases at 523.Ark and 204.5-.12.
||Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Trustees, et al.
(Christiana School Dist.) (DC Dela., Civ. #1815.)*
||Evans, et al. v. Buchanan, et al.
(Milford.) (CA 3, #12,375.)
||Holloman, et al. v. Buchnan, et al.
(Hilton.) (CA 3, #12,378.)
||Coverdale, et al. v. Buchanan, et al.
(Greenwood.) (CA 3, #12,377.)
||Creighton, et al. v. Buchanan, et al.
(Laurel.) (CA 3, #12,379.)
||Denson, et al. v. Buchanan, et al.
(Seaford.) (CA 3, #12,380.)
||Oliver, Jr., et al. v. Buchanan, et al.
(Clayton.) (CA 3, #12,381.)
||Staten, et al. v. Buchanan, et al.
(Milford.) (CA 3, #12,376.) For facts, see II DOCKET 23, III DOCKET 15-16, 39. Feb. 20: heard and submitted.
||Dennis, et al. v. Baker, et al.
(Dover.) (DC Dela.)*
||Florida ex rel. Hawkins v. Bd. of Control of Fla.
(CA 5, #17,116.) For facts, see II DOCKET 23, 61, 79, III DOCKET 16. DC denied preliminary injunction. Appeal pending before CA 5, on Relator's contention DC abused its discretion in refusing to grant injunction in face of undisputed, controlling facts and applicable law.
||Hawkins v. DeVane.
(CA 5.) After Relator in 522.Fla1 filed notice of appeal, DC granted Def's. motion to stay all proceedings pending disposition of appeal, without notice to Relator. Rel. filed petition for writ of mandamus against DC. Issue: whether appeal from interlocutory order requires or permits stay in proceedings, except in extraordinary circumstances.
||Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al.
(SD Fla., #6978-M.) For facts, see II DOCKET 23, 61, III DOCKET 16, 39. Feb. 3: DC denied Pl's. motion to advance trial date and Def's. motion for summary judgment. Feb. 5: DC, on own motion, set pre-trial conference Mar. 17 to: 1) simplify issues; 2) determine desirability of amending pleadings; 3) obtain stipulations; 4) limit no. of expert witnesses, if any; 5) consider advisability of reference to a master for findings of fact.
||Hunt, et al. v. Arnold, Ga. State School of Business Adm.
(ND Ga., Atlanta Div., #5781.) For facts, see II DOCKET 45. Feb. 18: pre-trial held.
||Calhoun v. Latimer
(formerly entitled Calhoun v. Jarrell.) (Atlanta.) (ND Ga., Atlanta Div., #6298.) For facts, see III DOCKET 39-40. Mar. 10: Defs. filed motion to dismiss, alleging inter alia, failure to exhaust state administrative remedies.
||Cameron v. Bd. of Educ.
(Bonner Springs.) (Kan. Sup. Ct.) (318 P. 2d 988.) 1957: Kan. Sup. Ct. issued writ of mandamus requiring Def.-Bd. to integrate its public schools by Fall term, 1958.
||Green et al. v. Bd. of Educ.
(McCracken Co.) (WD Ky., Paducah Div., #903.)*
||Wilburn, et al. v. Holland, Supt., Fulton City Schools, et al.
(WD Ky., Paducah Div., #910.)*
||Grimes, et al. v. Smith, et al.
(Owen Co.) (ED Ky., Lex. Div.) For facts, see III DOCKET 40. Feb. 20: Pls' motion for summary judgment sustained, except that DC ordered Defs. to carry out high school integration beginning Sept. 1957 and to make reasonable start toward full integration of elementary grades on or before Sept. 1958, with leave to seek additional time if they promptly devise plan which promises reasonably prompt full integration by June 16.
||Spalding v. Wooley, et al.
(Ky. Ct. of App.) Appeal from order requiring Def.-Bd. to establish new centrally located high school to accommodate all high school pupils of district, to have school ready for operation by Sept. 1959. Cross-appeal by taxpayers contending that closed high school should be re-opened pending construction of new high school. 1957: affirmed with modifications on ground that order of trial ct. was designed to produce substantial equality of educational opportunities.
||Bush, Jr., et al. v. Orleans Parish School Bd., et al.
(ED La., #3630.) For facts, see II DOCKET 23, 62, 79-80, III DOCKET 40. Apr. 2: DC ordered both parties to file briefs by Apr. 12, following CA affirmance of DC order.
||Hall, et al. v. St. Helena Parish School Bd., et al.
(ED La., Civ. #1068.)*
||Angel, et al. v. La. State Bd. of Educ., et al.
(ED La., Baton Rouge Div., Civ. #1658.)*
||Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al.
(ED La., Baton Rouge Div., Civ. #1662.)*
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||Tureaud v. Bd. of Supervisors, La. State Univ. and Agric. and Mech. Coll., et al.
(ED La., Baton Rouge Div., Civ. #1238.)*
||Williams, et al. v. Prather, et al.
(WD La., #5000 Civ.)*
||Ludley v. Bd. of Supervisors, La. State Univ.
(CA 5, #16854.)*
||Bailey v. La. State Bd. of Educ.
(CA 5, #16,856.)*
||Lark v. La. State Bd. of Educ.
(CA 5, #16,855.)*
||Slade, et al. v. Bd. of Educ.
(formerly entitled Moore v. Bd. of Educ.) (Harford Co.) (CA 4, #7552.) For facts, see II DOCKET 24, 46, 62, 80, III DOCKET 16, 40. Feb. 12: CA 4, per curiam, affirmed DC approval of Def.-Bd's. amended integration plan including piecemeal desegregation on elementary level and transfer of "qualified" Negro high school students.
||Covington, et al. v. Edwards, Supt. of Schools, et al.
(Montgomery Co.) (MD N. C., Rockingham Div., Civ. #323.)*
||Royster, et al. v. Bradsher, et al.
(Person Co.) (MD N. C., Durham Div., #194-D.)*
||Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al.
(MD N. C., Rockingham Div., #158-D.)*
||Ward v. Bd. of Educ.
(Knoxville.) (Description in III DOCKET 40 as N. C. case erroneous. See 522.Tenn3, III DOCKET 61.
||Jeffers v. Whitley, N. C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al.
(Caswell Co.) (MD N. C., Greensboro Div., #1079.) For facts, see III DOCKET 40. Jan. 20: Pls. applied for leave to file supplemental complaint alleging exhaustion of state administrative remedies provided under N. C. Pupil Assignment Act. Mar. 26: hearing on application.
||Holt, Jr. v. Bd. of Educ.
(Raleigh.) (ED N. C., #1064.) For facts, see III DOCKET 40. Jan. 28: Ct. denied Pl's. motion for summary judgment. Apr. 9: N. C. Atty. Genl.. asked leave to appear as amicus curiae. Taylor and Mitchell, Esqs., 125 E. Hargett St., N. C.
||Brown, et al. v. Long, Pres., Morris Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., Civ. #4245.)*
||Simms, et al. v. Hudson, Pres. Preston Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., #4246.)*
||Bailey, et al. v. Hodge, Hall, Supt. Okla. School for Deaf, et al.
(WD Okla., #7441-Civ.) For facts, see II DOCKET 80. Jy. 31, 1957: DC held for Pl., that any Negro child of proper age be admitted to Def.-School beginning Sept. 2, 1957.
||In re Girard's Estate.
(U.S.S.C.) For facts, see II DOCKET 62, 80, III DOCKET 16, 40. Apr. 23: State of Pa. and City of Philadelphia filed petition for certiorari.
||Briggs v. Elliott.
(Clarendon Co.) (ED S.C., #2657.)*
||Kelly, et al. v. Bd. of Educ.
(Nashville.) (MD Tenn., Nash. Div., #2094.) For facts, see II DOCKET 25, 46, III DOCKET 16-17, 40. Feb. 18: DC denied Def.-Bd's motion to dismiss, held administrative remedy under state Pupil Assignment Act inadequate, held Pupil Preference Plan unconstitutional, under which parents would choose whether to send students to segregated or integrated schools. Ct. ordered Bd. to adopt by Apr. 7 a "substantial plan and one which contemplates elimination of racial discrimination throughout the school system with all deliberate speed." Feb. 25: after bombing of school, DC issued restraining order to prevent interference with orderly desegregation of city schools. Mar. 31: Def.-Bd. adopted plan to end segregation at rate of one new grade each yr. (Integration of first grade began Fall 1957.)
||Ward v. Bd. of Educ.
(Knoxville.) (ED Tenn., N. Div., #3158.) (Erroneously listed at 522.NC5, III DOCKET 40.) Jan. 1957: Class action filed for injunctive relief requiring Def.-Bd. to desegregate schools. June 28, 1957: Def.-Bd. filed brief alleging it had made start to solution of desegregation problems by holding faculty conference to discuss question. Dec.: Pls. again petitioned DC to set trial date soon. DC pointed out 3 members of Bd. elected in Nov. needed time to help Bd. draft plan. Pending.
||Borders, et al. v. Rippy, et al.
(Dallas.) (ND Texas, Dallas, #6165.) For facts, see II DOCKET 25, 46, III DOCKET 17, 41. June 2: entry of final order in accordance with CA 5 mandate of Jan. 27.
And see Dallas, 523.Tex1.
||Ross v. Rogers, Pres. Houston Independent School Dist.
(DC Tex., Houston, #10,444.)*
||Allen, et al. v. County School Bd.
(Prince Edward Co.) (U.S.S.C.) For facts, see II DOCKET 25, 46, III DOCKET 41. Mar. 3: U.S.S.C. denied Def's. petition for certiori.
||Corbin, et al. v. School Bd.
(Pulaski Co.) (WD Va., Roanoke, #341 Civ.)*
||Atkins, et al v. School Bd., et al.
(Newport News.) (DC Va., Newport News Div., #489.)*
||Beckett, et al. v. School Bd.
(Norfolk.) (DC Va., Norfolk Div., #2214.)*
||Allen, et al. v. School Bd.
(Charlottesville.) (WD Va., #51.)*
||Thompson, et al. v. School Bd.
(Arlington.) (U.S.S.C.) For facts, see II DOCKET 26, 46, 63, III DOCKET 17, 41. Apr. 2: Def's. petition for certiorari filed.
||DeFebio v. County School Bd.
(formerly entitled DeFebio v. Richmond Placement Bd.) (Fairfax Co.) (U.S.S.C.) For facts, see II DOCKET 81, III DOCKET 41. Pl's. petition for certiorari pending.
C. Douglas Adams, Jr. and Albert I. Kassabian, Esqs., Annandale, Fairfax Co., Va.
||Calloway, Jr., et al. v. Farley, et al.
(Richmond.) (ED Va., Richmond, #2616.)*
||Klein v. Falls Church School Bd.
(Va. Co. Ct.)*
||Walden, et al. v. Farley, et al.
(Suffolk Co.) (DC Va., Norfolk, #2550.)*
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||Estes, et al. v. Farley, et al.
(Norfolk Co.) (DC Va., Norfolk, #2551.)*
||Jordan, et al. v. Farley, et al.
(Nansemond Co.) (DC Va., Norfolk, #2552.)*