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MARSH v. COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VA.

No. 8535.

305 F.2d 94 (1962)

Gwendolyn Yvette MARSH, an infant, and Raymond M. Iseley and Helen Iseley, her grandfather and grandmother and next friends; et al., Appellants, v. The COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, a body corporate; Herman L. Horn, Division Superintendent, Roanoke County Public Schools, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 12, 1962.

Attorney(s) appearing for the Case

James M. Nabrit, III, New York City (Jack Greenberg, New York City, and Reuben E. Lawson, Roanoke, Va., on the brief), for appellants.

A. B. Scott, Richmond, Va. (Peyton, Beverley, Scott & Randolph, Richmond, Va., on the brief), for Pupil Placement Board, appellee.

Benjamin E. Chapman, Salem, Va., for Roanoke County School Board and Division Superintendent, appellees.

Before SOBELOFF, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

Seven Negro public school pupils living in Roanoke County brought this action in the United States District Court for the Western District of Virginia. They sought a declaratory judgment that the Virginia Pupil Placement Act1 is being administered by the defendants so as to deprive the plaintiffs of their constitutional rights to nonsegregated education, and that the administrative procedures are inadequate to secure...

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