227 F.2d 789 (4th Cir. 1955), 7096, Carson v. Board of Educ. of McDowell County
|Citation:||227 F.2d 789|
|Party Name:||Lionel C. CARSON, an infant, by his next friend, Martin A. Carson, et als., Appellants, v. BOARD OF EDUCATION OF McDOWELL COUNTY, a body corporate, Appellee.|
|Case Date:||December 01, 1955|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Argued Nov. 16, 1955.
Samuel S. Mitchell and Herman L. Taylor, Raleigh, N.C. (Taylor & Mitchell, Raleigh, N.C., on brief), for appellants.
Roy W. Davis, Marion, N.C. (Roy W. Davis, Jr., Marion, N.C., on brief), for appellee.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal from an order dismissing an action brought by certain Negro children to enjoin alleged discrimination against them in the administration of the schools of McDowell County, North Carolina. The complaint alleged that the plaintiffs were not allowed to attend schools maintained by defendants for white children in the town of Old Fort in McDowell County but were required to go to a school in Marion fifteen miles away and that this discrimination was made solely on account of race and color. The complaint was filed prior to the decision of the Supreme Court in the school segregation case, Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, and one of the prayers for relief was that defendants be required to provide for plaintiffs in the town of Old
Fort educational facilities equal to those provided for white children. There was a general prayer for injunctive relief against discrimination, however, as well as a prayer for a declaratory judgment establishing the rights of plaintiffs in the premises. The District Judge dismissed the action on the ground that the decision of the Supreme Court had made inappropriate the relief prayed for in the complaint.
While the decision of the Supreme Court unquestionably made inappropriate the relief asked as to the provision of a separate school for Negro children in the town of Old Fort, the same cannot be said as to the other relief asked in the complaint. Discrimination on account of race and color was alleged with respect to the right to attend schools in Old Fort and the removal of this discrimination as well as the declaration of the rights of plaintiffs was asked. The decision of the Supreme Court did not destroy or restrict these rights, except with respect to the right to separate schools, and...
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