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BORROUGH v. JENKINS

Civ. A. No. 4006.

137 F.Supp. 260 (1955)

Earnestine BORROUGH, A Minor, Age 16, Jessie D. Borrough, A Minor, Age 14, and Virgie May Borrough, A Minor, Age 14, by their Father and Next Friend, Jack Borrough, et al., Plaintiffs, v. Elmer JENKINS, As Superintendent of the Red Bird Dependent School District No. 35, and the Red Bird Dependent School District No. 35, a corporation, et al., Defendants.

United States District Court E. D. Oklahoma.

December 15, 1955.

Attorney(s) appearing for the Case

Ada Lois Fisher, Oklahoma City, Okl., for plaintiffs.

U. Simpson Tate, Dallas, Tex., Robert L. Carter and Thurgood Marshall, New York City, for defendants.

Before MURRAH, Circuit Judge, and VAUGHT and WALLACE, District Judges.

WALLACE, District Judge.

The plaintiffs, citizens and residents of Wagoner County, Oklahoma, urge, in essence, that because of their race and color they are being denied, by the defendants, the right to freely attend the public school located in their district (the Coweta School) as enjoyed by other children living in the same district.1 Plaintiffs specifically allege "that they have been, and are now being, denied equal rights under the...

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