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EVANS v. BUCHANAN

Civ. A. 1816-1822.

152 F.Supp. 886 (1957)

Brenda EVANS, an Infant, by Charles Evans, her Guardian ad Litem, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Madeline STATEN, an Infant, by her Guardian ad Litem, Elenora M. Staten, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Julie COVERDALE, an Infant, by her Guardian ad Litem, Annie E. Coverdale, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Eyvonne HOLLOMAN, an Infant, by her Guardian ad Litem, Flossie Holloman, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. David CREIGHTON, an Infant, by his Guardian ad Litem, Josephine Creighton, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Marvin DENSON, an Infant, by his Guardian ad Litem, Clarence Denson, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Thomas J. OLIVER, Jr., an Infant, by his Guardian ad Litem, Thomas J. Oliver, et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants.

United States District Court D. Delaware.

July 15, 1957.

Attorney(s) appearing for the Case

Louis L. Redding, Wilmington, Del., for plaintiffs.

David P. Buckson and George R. Wright, Dover, Del., for Members of the Board of Trustees of Clayton School Dist. No. 119.

Joseph Donald Craven, Atty. Gen., and Frank O'Donnell, Jr., Deputy Atty. Gen., for Members of State Bd. of Ed. and State Superintendent of Public Instruction.

James M. Tunnell, Jr., of Georgetown, Del., and James H. Hughes, III, of Dover, Del., for Members of the Bd. of Ed. of Milford Special School Dist.

James M. Tunnell, Jr., of Georgetown, Del., for Members of the Bd. of Trustees of Greenwood School Dist. No. 91, for Members of the Bd. of Ed. of the Laurel Special School Dist., and Members of the Bd. of Ed. of the Seaford Special School Dist.

Everett F. Warrington, of Georgetown, Del., for Members of the Board of Trustees of Milton School Dist. No. 8.

Frederick P. Whitney, of Georgetown, Del., for Members of the Bd. of Trustees of John M. Clayton School Dist. No. 97.

LEAHY, Chief Judge.

1. Among the several motions before the Court are plaintiffs' motion for consolidation of C.A. Nos. 1816 through 1822, inclusive under Fed.Rules Civ. Proc. § 42(a), 28 U.S.C., and plaintiffs' motion for summary judgment against the Members of the State Board of Education and the State Superintendent of Public Instruction under FR 56(a).

2. This Court disposed of a previous motion of plaintiffs for summary judgment with respect to C...

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