246 F.2d 325 (4th Cir. 1957), 7430, School Bd. of City of Newport News, Virginia v. Atkins

Docket Nº:7430, 7438.
Citation:246 F.2d 325
Party Name:The SCHOOL BOARD OF the CITY OF NEWPORT NEWS, VIRGINIA, and R. O. Nelson, Division Superintendent of Schools of the City of Newport News, Virginia, Appellants, v. Jerome A. ATKINS et al., Appellees. The SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA, and J. J. Brewbaker, Division Superintendent of Schools of the City of Norfolk, Virginia, Appellants
Case Date:July 13, 1957
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 325

246 F.2d 325 (4th Cir. 1957)

The SCHOOL BOARD OF the CITY OF NEWPORT NEWS, VIRGINIA, and R. O. Nelson, Division Superintendent of Schools of the City of Newport News, Virginia, Appellants,

v.

Jerome A. ATKINS et al., Appellees.

The SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA, and J. J. Brewbaker, Division Superintendent of Schools of the City of Norfolk, Virginia, Appellants,

v.

Leola Pearl BECKETT et al., Appellees.

Nos. 7430, 7438.

United States Court of Appeals, Fourth Circuit.

July 13, 1957

Argued June 11, 1957.

Page 326

T. Justin Moore, Richmond, Va. (Harry L. Nachman, City Atty., Newport News, Va., Archibald G. Robertson, John W. Riely, T. Justin Moore, Jr., Richmond, Va., on the brief), for appellants in No. 7430. W.R.C. Cocke, Norfolk, Va. (Leonard H. Davis, City Atty., Leigh D. Williams, Norfolk, Va., on the brief), for appellants in No. 7438. J. Lindsay Almond, Jr., Atty. Gen. of Virginia (Henry T. Wickham, Sp. Asst. to Atty. Gen. of Virginia, on the brief), for appellants in both cases.

Spottswood W. Robinson, III, Oliver W. Hill, Richmond, Va., for appellees in both cases (W. Hale Thompson, Philip S. Walker, Newport News, Va., on the brief for appellees in No. 7430; Victor J. Ashe, J. Hugo Madison, Norfolk, Va., Thurgood Marshall, New York City, on the brief, for appellees in No. 7438).

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit judges.

PER CURIAM.

These are appeals from injunctive decrees forbidding racial discrimination in the public schools of Norfolk and Newport News, Virginia, and are controlled in all material respects by our decision in the City of Charlottesville and Arlington County cases. School Board of City of Charlottesville, Virginia v. Allen, 4 Cir., 240 F.2d 59, certiorari denied 353 U.S. 910, 77 S.Ct. 667, 1 L.Ed.2d 664. It is argued that, on the authority of Carson v. Warlick, 4 Cir., 238 F.2d 724, the cases here should be dismissed or proceedings therein be stayed until administrative remedies have been exhausted under the recent Pupil Placement Act, ch. 70, Acts of Assembly of Virginia, Extra Session 1956. As pointed out by the judge below, however, this statute furnishes no adequate remedy to plaintiffs because of the fixed and definite policy of the school authorities with respect

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to segregation and because of the provisions of chapter 68 of the Acts of the Extra...

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