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PRATER v. BOYD

No. 13794.

263 F.2d 788 (1959)

Ralph PRATER, an infant, by Lillian Prater, his grandmother and next friend; Sammie Burnett, an infant, by Lodell Burnett, her mother and next friend; Marvis LaVerne Kneeland, by her father and next friend, James Kneeland, and Harriet Roddy, an infant, by Clara Roddy, her mother and next friend, on behalf of themselves and others similarly situated, Petitioners, v. Honorable Marion S. BOYD, United States District Judge for the Western District of Tennessee, Respondent.

United States Court of Appeals Sixth Circuit.

February 17, 1959.

Attorney(s) appearing for the Case

H. T. Lockard, Memphis, Tenn., Thurgood Marshall, Constance Baker Motley, New York City, A. W. Willis, Jr., R. B. Sugarmon, Jr., and B. F. Jones, Memphis, Tenn., for petitioners.

Allison B. Humphreys, Jr., Nashville, Tenn., for respondent.

Before ALLEN and MILLER, Circuit Judges, and MATHES, District Judge.

PER CURIAM.

Invoking the authority of this Court under the All Writs Act [28 U.S.C. § 1651], petitioners here seek a writ of mandamus to compel the respondent Judge to hear their motion for a preliminary injunction in Civil Action No. 3550 now pending in the United States District Court for the Western District of Tennessee, Memphis Division, wherein petitioners are plaintiffs and the "State of Tennessee Board of Education", the "Members of the State Board of...

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