522. Suits to Enforce Integration
||Armstrong v. Birmingham Bd. of Educ.
(ND Ala.) June 17, 1960: Pl.-Negro parent filed class action for desegregation of public schools, including desegregation of teaching, administrative staffs. Jy. 27, 1962: DC denied Pl's. motion for summary judgment to direct Def. to take immediate steps to desegregate; set hearing for Oct. 3, 1962.
Ernest D. Johnson, Esq.
||Nelson v. Birmingham Bd. of Educ.
(ND Ala.) June 13, 1962: Pl.-Negro filed suit to desegregate public schools. DC decided not to set hearing here until after hearing in Armstrong, 522.Ala2a. Pl. filed petition for mandamus for immediate hearing; DC rejected it. June 30: CA 5 ordered DC Judge Grooms to answer petition. Jy. 10: Judge Grooms wrote CA 5 it would be wasteful to hear Nelson before Armstrong; he would not have time to hear case ahead of other cases unless ordered to do so during Aug. vacation.
||Safferstone v. Tucker.
(Little Rock.) (Ark. Sup. Ct.) Pl.-property owners sued to prevent Def.-Bd. of Educ. from converting all-white elementary school to all-Negro school, transferring white children to adjacent all-white schools. May 14, 1962: Ark. Sup. Ct. held for Def.: Def. did not abuse discretion in acting due to changed circumstances.
||Jackson v. Bd. of Educ.
(Pasadena.) (Dist. Ct. of App., 2d App. Dist., #26180.) Facts: VII DOCKET 90.*
Amicus appearance by Robert E. Burke and Curtis J. Berger, Esqs., 1066 Pagoda Place, Los Angeles.
||Mannings v. Bd. of Pub. Inst., Hillsborough Co.
(Tampa.) (SD Fla., #3554.)*
||Bornas v. Bd. of Pub. Inst., Broward Co.
(Ft. Lauderdale.) (Broward Co. Cir. Ct.) Error in Facts: VII DOCKET 21. Correction: Pls. enrolled children in home instruction dept. of out-of-state private school; Def.-Bd. said parents could be made criminally responsible for not sending children to public schools, children could be declared truants. After suit filed, Bd. withdrew efforts to force children to attend public schools. No desegregation issue involved.
||Weaver v. Bd. of Pub. Inst., Brevard Co.
(Cape Canaveral.) (SD Fla., Orlando Div.) Facts: VII DOCKET 21. DC denied Def's. motion to dismiss.
||Pls. v. Bd. of Pub. Inst., Orange Co.
(Orlando.) (DC Fla.)
||Steele v. Bd. of Pub. Inst., Leon Co.
(Tallahassee.) (ND Fla., #854.) Facts: VII DOCKET 90. Pending on Def's. motions to strike and dismiss.
Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola.
||Calhoun v. Letson (formerly v. Latimer.)
(Atlanta.) (ND Ga., Atlanta Div., #6298.) Facts: VI DOCKET 37, 122, VII DOCKET 21. Error: Apr. 30, 1962: Pls.' action to amend desegregation order made in Calhoun case, not in new case (erroneously listed at 522.Ga3a Pls. v. Letson.) Pending.
||Emory University v. Georgia.
(Atlanta.) (Ga. Sup. Ct., #21731.)*
||Burrows v. Bd. of Educ.
(Chicago.) (ND Ill., E. Div., #62 C 206.)*
||McNeese v. Bd. of Educ.
(Centreville.) (ED Ill.) (199 F. Supp. 403.) Facts: VII DOCKET 90. DC dismissed for failure to exhaust administrative remedy.
||Downs v. Bd. of Educ.
(Kansas City.) (DC Kan., #KC-1443.) Facts: VII DOCKET 91.*
Elmer C. Jackson and James P. Davis, Esqs., 1300 N. 5th St.; A. B. Howard, Esq., 519a Minnesota, all of Kansas City.
||Walker v. Richmond Bd. of Educ.
(ED Ky.) May 17, 1962: Pl.-Negro parents filed class suit for desegregation, alleging gerrymandered school district lines, segregation in elementary schools despite 1955 desegregation of high school. Pls. also seek assignment of teachers and administrative personnel without regard to race.
||Bush v. Orleans Parish School Bd.
(New Orleans.) (ED La., #3630.) (CA 5, #18520.) Facts: VI DOCKET 37-8, 70, 94, 112, VII DOCKET 21, 54, 91. May 14, 1962: Def.- Bd. voted to desegregate all first grades Sept. 1962. May 23, 1962: new DC Judge Ellis rescinded and modified prior DC Judge Wright's desegregation order of Apr. 9, 1962; ordered every Negro and white 1st grader admitted to school nearest his home Sept. 1962; ordered grade-a-year plan Sept. 1963 starting with 2d grade; permitted transfers not on basis of race. Pls.' appeal pending.
||Hall v. St. Helena Parish School Bd.
(ED La., #1068.) (197 F. Supp. 649, 6 RRLR 694.)*
||Guillory and Elloi v. Tulane Univ.
(ED La.) (203 F. Supp. 855.) Facts: VII DOCKET 91. May 7, 1962: DC Judge Ellis granted Def's. motion for new trial, reversed prior DC Judge Wright's decision granting Pl's. motion for summary judgment.
John P. Nelson and Catherine Wright, Esqs., New Orleans.
||Sherrill School Parents Comm. v. Bd. of Educ.
(Detroit.) (ED Mich., S. Div., #22092.) Facts: VII DOCKET 54.- 119 -
Filing of answer delayed by agreement to enable parties to consider recommendations of Citizens' Comm. on Equal Educational Opportunities.
||Meredith v. Fair.
(U. of Miss.) (CA 5.) (202 F. Supp. 224, 298 F. 2d 696.) Facts: VI DOCKET 122, VII DOCKET 22, 54, 91. June 26, 1962: CA 5 reversed DC, ordered Pl. admitted to U.
||Shepard v. Bd. of Educ.
(Englewood.) (DC NJ, #106-62.) Facts: VII DOCKET 54, 91. Jy. 9, 1962: DC dismissed without prejudice on motion by N.J. Atty. Genl. and N.J. Bd. of Educ., for failure to exhaust administrative remedies, citing southern school desegregation decisions. May 14, 1962: Def.-Bd. established "demonstration integrated school" — 1st to 4th grades — with voluntary admission.
||Allen v. Bd. of Educ.
(Orange.) (DC NJ, #201-62.) Facts: VII DOCKET 91. Jy. 9, 1962: DC dismissed complaint for Pls.' failure to exhaust administrative remedies.
Robert L. Carter, Barbara A. Morris, Esqs., N.A.A.C.P., 20 W. 40th St., NYC.
And see 522.NJ4a.
||Branche v. Bd. of Educ.
(Hempstead.) (ED NY, #62 C 176.)*
||Blacker v. Bd. of Educ.
(formerly listed as Pls. v.) (Manhasset, Long Island.) (ED NY, #62 C 285.) Facts: VII DOCKET 91.
Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.
||Bates v. State Univ. of N.Y.
(N.Y. State Comm. Against Discrim., #CE-7463-61.) Pl. charged denial of admission to Milne School on basis of race. Comm. found preferential admission given to relatives of former students had effect of "grandfather" clause, held policy in violation of NY anti-discrimination law, Pl. granted admission, so no specific relief granted. Def. announced complete revision of admission policy.
||Aikens v. Bd. of Educ.
(Rochester.) (WD NY.) May 28, 1962: White and Negro parents filed class suit for desegregation of public schools, alleging Bd. maintained de facto segregation, inferior educational facilities in "Negro" schools.
Jawn Sandifer, Esq., 101 W. 125 St., NYC.
||Bailey v. Bd. of Educ., School Dist.
#1. (Westbury.) May, 1962: Pls. filed class suit for desegregation, alleging Def. changed zone lines in elementary schools, leaving virtually all-Negro school, assigned Negro students to distant school. Pending.
||Wheeler v. Durham City Bd. of Educ.
||Spaulding v. Durham City Bd. of Educ.
||Dowell v. Bd. of Educ.
(Oklahoma City.) (WD Okla., #9452.) Facts: VII DOCKET 23, 55. Apr. 3, 1962: 3-judge fedl. ct. heard case. Jy. 10, 1962: 3-judge ct. dissolved itself, held no constitutional issues raised by Def's. manner of designating schools for pupils to attend. Case reassigned to DC.
||Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1.
(Clarendon Co.) (CA 4.) Facts: VI DOCKET 39. May 31, 1962: DC held suit not proper class action, ordered all but 1 Pl. stricken, remaining Pl. to file amended complaint. June 21, 1962: Pls.' appeal filed.
||Stanley v. Darlington Co. School Dist. No. 1.
(ED S.C.) May 29, 1962: Class suit filed by Negro-Pls. seeking immediate injunction against racial segregation of pupils, teachers and administrative personnel or filing of complete integration plan by Def. Pending.
Matthew Perry, and Lincoln Jenkins, Esqs., 1107½ Washington St., Columbia, S. C.; Ernest A. Finney, Esq., Sumter, S. C.; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, and James M. Nabrit III, Esq., all of NYC.
||Brown v. School Dist. 20.
(Charleston.) (ED S.C.) May 28, 1962: Class suit filed by Negro Pls., similar to Stanley, 522.SC5. Pending.
Benjamin Kooke, Esq. and F. Henderson Moore, Esq., P. O. Box 2342, 39 Spring St., both of Charleston; Matthew Perry and Lincoln Jenkins, Esqs., 1107½ Washington St., Columbia, S. C.; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
||Gantt v. Clemson College Bd. of Trs.
(DC S.C.) Jy. 9, 1962: Pl.-Negro filed class suit seeking admission to Def.-College in Sept. 1962 as transfer student from Ia. State Univ. who received financial aid from S.C. Regional Education Bd., which pd. difference in out-of-state tuition costs. Pending.
Lincoln C. Jenkins and Matthew J. Perry, Esqs., 1107½ Washington St., Columbia; D. J. Sampson and W. T. Smith, Esqs., 125½ Fall St., both of Greenville; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
||Goss v. Bd. of Educ.
(Knoxville.) (U.S.S.C.) (301 F. 2d 164.) Facts: VI DOCKET 39, VII DOCKET 92. Def's. petition for certiorari pending. Def. decided to desegregate 2 grades in Sept. 1962, instead of 1 as planned.
||Northcross v. Memphis Bd. of Educ.
(U.S.S.C.) (302 F. 2d 818.) Facts: VI DOCKET 39-40, 71, VII DOCKET 23, 92. June 25, 1962: U.S.S.C. denied Def's. petition for certiorari.
||Mapp v. Chattanooga Bd. of Educ.
(CA 6.) (203 F. Supp. 843, 295 F. 2d 617.) Facts: VI DOCKET 40, 71, 95, 123, VII DOCKET 23, 55, 92. June 14, 1962: DC denied Def's. motion for stay pending appeal. June 25, 1962: Bd. asked CA for stay pending appeal.
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||Maxwell v. Davidson Co. Bd. of Educ.
(near Nashville.) (MD Tenn., #2956.) (U.S.S.C.) (301 F. 2d 828.) Facts: VI DOCKET 40, 71, (VII DOCKET 92. Pls.' petition for certiorari pending.
||Vick, Carson and Morris v. Obion Co. Bd. of Educ.
(Jackson.) (DC Tenn., #1259.) Facts: VII DOCKET 23, 55. DC approved plan submitted by Def. involving complete desegregation of public schools in Sept. 1962 under "freedom of choice" plan giving students option of attending formerly all-white or all-Negro schools in their neighborhood.
||Ross v. Rogers.
(Houston.) (DC Tex., Houston, #10144.) Facts: IV DOCKET 32, V DOCKET 63, 94, VII DOCKET 23, 55, 92. Feb. 2, 1962: DC final order.
||Flax v. Potts.
(Fort Worth.) (CA 5, #19,639.)*
||Sanders v. Ransom.
(U. of Tex.) (WD Tex., Austin Div., #1231.) Facts: VII DOCKET 55.*
Sam Houston Clinton, Jr., Esq., 204 May Bldg., 308 W. 11th St., Austin.
||Allen v. Co. School Bd.
(Prince Edward Co.) (CA 4.) (249 F. 2d 462, 266 F. 2d 507.) Facts: VI DOCKET 40, 71, 123, VII DOCKET 23, 55, 92. Jy. 26, 1962: DC held public schools in this Co. can't be closed to avoid desegregation while other schools in state remain open; ordered Def. to present desegregation plan to Ct. by Sept. 7, 1962.
||Griffin v. Bd. of Supervisors.
(Prince Edward Co.) (Va. Sup. Ct. of App.) Facts: VII DOCKET 24, 92. Cite: 126 S.E. 2d 22.
||Dillard v. School Bd.
(formerly Allen v.) (Charlottesville.) (CA 4, #8638.) (239 F. 2d 439, 240 F. 2d 59, 262 F. 2d 295.) Appeal argued, reargued.
||Thompson v. School Bd.
(Arlington.) (ED Va., #1341.) Facts: VI DOCKET 41, VII DOCKET 24, 56, 92. Mar. 1, 1962: DC dismissed suit.
||Green and Marsh v. Bd. of Educ.
(formerly and Iseley v.) (Roanoke City and Co.) (CA 4, ##8534, 8535.) Facts: VI DOCKET 72, 123, VII DOCKET 24, 56. June 12, 1962: CA 4 reversed, ordered Def. to proceed with desegregation "on an acceptable schedule", found Def's. pupil assignment plan "racially discriminatory" in requiring Negro pupils to meet residential and academic criteria not required of white pupils.
||Jackson v. School Bd.
(Lynchburg.) (CA 4.)*
||Williams v. Winchester School Bd.
(WD Va., Harrisonburg Div., #629.) Facts: VII DOCKET 93. June 7, 1962: DC found Def. failed and refused to eliminate racial segregation, ordered 2 Negro Pls. admitted to all-white Handley High in Sept. 1962, forbade Def. to grant or deny transfers on racial basis, ordered Def. to prepare desegregation plan.