Brown v. School District No. 20, Charleston, South Carolina, No. 9216.

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtPER CURIAM
Citation328 F.2d 618
PartiesMillicent F. BROWN, a minor, by J. Arthur Brown, her father and next friend, et al., Plaintiffs, Appellees, v. SCHOOL DISTRICT NO. 20, CHARLESTON, SOUTH CAROLINA Thomas A. Carrere, Superintendent and members of the School Board, Defendants, and Mark Allen, Barbara Bellows, George Bellows, Julia Jeanne Canfield, Elizabeth S. Stack and William F. Stack by their respective fathers, Intervenors, Appellants.
Decision Date27 January 1964
Docket NumberNo. 9216.

328 F.2d 618 (1964)

Millicent F. BROWN, a minor, by J. Arthur Brown, her father and next friend, et al., Plaintiffs, Appellees,
v.
SCHOOL DISTRICT NO. 20, CHARLESTON, SOUTH CAROLINA Thomas A. Carrere, Superintendent and members of the School Board, Defendants, and
Mark Allen, Barbara Bellows, George Bellows, Julia Jeanne Canfield, Elizabeth S. Stack and William F. Stack by their respective fathers, Intervenors, Appellants.

No. 9216.

United States Court of Appeals Fourth Circuit.

Argued January 20, 1964.

Decided January 27, 1964.


George Stephen Leonard, Washington, D. C. (Burnet R. Maybank, Charleston, S. C., on brief), for intervenor-appellants.

Charles H. Gibbs, Charleston, S. C. (Sinkler, Gibbs & Simons, Charleston, S. C., A. T. Graydon and David W. Robinson, Columbia, S. C., on brief), for defendant-appellants.

Constance Baker Motley, New York City (Jack Greenberg, Michael Meltsner, New York City, Matthew J. Perry, Lincoln C. Jenkins, Jr., Columbia, S. C., F. Henderson Moore, Charleston, S. C., and Benjamin Cooke, on brief), for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

PER CURIAM.

This is an appeal by public school officials of Charleston, South Carolina, from an order of the District Court, passed on August 22, 1963, requiring them to admit and enroll as students for the school year beginning September, 1963, eleven Negro children, plaintiffs below. The court directed the appellants to admit these children to the schools where white children residing in the same school zones as the plaintiffs would be permitted to attend. The order further enjoined the School Board not to operate its schools on a racially discriminatory basis or to exact "futile, burdensome or discriminatory administrative procedures" or to use tests on Negroes which are not uniformly applied in assigning students. The School Board was invited to formulate and submit for the court's approval a plan for complete desegregation of the school system.

The order was passed after appropriate and well-supported findings of fact and a complete exposition of the applicable law and decisions of the Supreme Court of the United States and of this court. Finding ourselves completely in accord, we adopt the District Court's opinion...

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11 practice notes
  • Smith v. Board of Education of Morrilton Sch. Dist. No. 32, No. 18243.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 14, 1966
    ...379 U.S. 933, 85 S.Ct. 332, 13 L.Ed.2d 344; Brown v. School Dist. No. 20, 226 F.Supp. 819, 825-826 (E.D.S.C.1963), aff'd per curiam, 328 F.2d 618 (4 Cir. 1964), cert. denied 379 U.S. 825, 85 S.Ct. 52, 13 L. Ed.2d 35; Armstrong v. Board of Educ., 333 F.2d 47, 50 (5 Cir. 1964); Jackson Munici......
  • US v. Charleston County School Dist., Civ. A. No. 2:81-0050-8
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • June 5, 1990
    ...with the filing of the Complaint in Brown v. School District No. 20, Charleston, South Carolina, 226 F.Supp. 819 (E.D.S.C.1963), aff'd, 328 F.2d 618 (4th Cir.1964) cert. denied, 379 U.S. 825, 85 S.Ct. 52, 13 L.Ed.2d 35 (1964). That complaint was filed to enjoin the City of Charleston school......
  • Stell v. Savannah-Chatham County Bd. of Ed., No. 20557
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 23, 1964
    ...or obviated by this court. See Brown v. School District No. 20, Charleston, E.D.S.C., 1964, 226 F.Supp. 819, affirmed, 4 Cir., 1964, 328 F.2d 618; Youngblood v. Board of Public Instruction of Bay County, N.D.Fla., 1964, 230 F.Supp. 74; and see also our opinion this date rendered in Armstron......
  • Buckner v. County School Board of Greene County, Virginia, No. 9325.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • May 25, 1964
    ...of a plan of desegregation, we upheld the court's action as appropriate. Brown v. School District No. 20, Charleston, South Carolina, 328 F.2d 618 (4th Neither the School Board nor the Pupil Placement Board in this case has intimated that it anticipates any administrative difficulty in effe......
  • Request a trial to view additional results
11 cases
  • Smith v. Board of Education of Morrilton Sch. Dist. No. 32, No. 18243.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 14, 1966
    ...379 U.S. 933, 85 S.Ct. 332, 13 L.Ed.2d 344; Brown v. School Dist. No. 20, 226 F.Supp. 819, 825-826 (E.D.S.C.1963), aff'd per curiam, 328 F.2d 618 (4 Cir. 1964), cert. denied 379 U.S. 825, 85 S.Ct. 52, 13 L. Ed.2d 35; Armstrong v. Board of Educ., 333 F.2d 47, 50 (5 Cir. 1964); Jackson Munici......
  • US v. Charleston County School Dist., Civ. A. No. 2:81-0050-8
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • June 5, 1990
    ...with the filing of the Complaint in Brown v. School District No. 20, Charleston, South Carolina, 226 F.Supp. 819 (E.D.S.C.1963), aff'd, 328 F.2d 618 (4th Cir.1964) cert. denied, 379 U.S. 825, 85 S.Ct. 52, 13 L.Ed.2d 35 (1964). That complaint was filed to enjoin the City of Charleston school......
  • Stell v. Savannah-Chatham County Bd. of Ed., No. 20557
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 23, 1964
    ...or obviated by this court. See Brown v. School District No. 20, Charleston, E.D.S.C., 1964, 226 F.Supp. 819, affirmed, 4 Cir., 1964, 328 F.2d 618; Youngblood v. Board of Public Instruction of Bay County, N.D.Fla., 1964, 230 F.Supp. 74; and see also our opinion this date rendered in Armstron......
  • Buckner v. County School Board of Greene County, Virginia, No. 9325.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • May 25, 1964
    ...of a plan of desegregation, we upheld the court's action as appropriate. Brown v. School District No. 20, Charleston, South Carolina, 328 F.2d 618 (4th Neither the School Board nor the Pupil Placement Board in this case has intimated that it anticipates any administrative difficulty in effe......
  • Request a trial to view additional results

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