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SHUTTLESWORTH v. BIRMINGHAM BOARD OF EDUCATION

Civ. A. No. 8914.

162 F.Supp. 372 (1958)

Ruby Fredricka SHUTTLESWORTH, a minor, by her next friend, F. L. Shuttlesworth; Denise Armstrong, a minor, by her next friend, James Armstrong; Wathaw Avery, a minor, by his next friend, Wathaw Avery, Sr.; and Nathaniel Lee Horton, a minor, by his next friend, Annie L. Horton, Plaintiffs, v. BIRMINGHAM BOARD OF EDUCATION OF JEFFERSON COUNTY, ALABAMA, Defendant.

United States District Court N. D. Alabama, S. D.

May 9, 1958.

Attorney(s) appearing for the Case

Ernest D. Jackson, Sr., Jacksonville, Fla., and James A. Washington, Washington, D. C., for plaintiffs.

Lange, Simpson, Robinson & Somerville and Reid B. Barnes, Birmingham, Ala., and Cabaniss & Johnston, Thad Holt, Jr., and Jos. F. Johnston, Birmingham, Ala., for defendant.

Before RIVES, Circuit Judge, LYNNE, Chief Judge, and GROOMS, District Judge.

RIVES, Circuit Judge.

Four Negro school children, by their parents and next friends, bring this class action, on behalf of themselves and those similarly situated, to test the constitutionality of the Alabama School Placement Law,1 and to enjoin the Birmingham Board of Education, its members, agents, representatives and employees from enforcing said School Placement Law, and from refusing, "solely on the basis of race or color or resentment...

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