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McKISSICK v. DURHAM CITY BOARD OF EDUCATION

No. C-100-D-58.

176 F.Supp. 3 (1959)

Joycelyn McKISSICK, by her mother and next friend, Evelyn W. McKissick, and Elaine Richardson, by her mother and next friend, Rachel Richardson, on behalf of themselves and others similarly situated, Plaintiffs, v. DURHAM CITY BOARD OF EDUCATION, a body politic of Durham County, North Carolina, and Luther E. Barnhardt, Edwin Gill, Charles F. Carroll, J. A. Pritchett, William D. Herring, Charles E. Jordan, Charles G. Rose, C. W. McCrary, O. L. Richardson, B. Barton Hayes, Gerald Cowan, Guy B. Phillips and H. L. Trigg, Members of the North Carolina State Board of Education, a body politic of the State of North Carolina, Defendants.

United States District Court M. D. North Carolina, Durham Division.

September 4, 1959.

Attorney(s) appearing for the Case

C. O. Pearson, M. Hugh Thompson, F. B. McKissick, William A. Marsh, Jr., and J. H. Wheeler, Durham, N. C., for plaintiffs.

Marshall T. Spears, Durham, N. C., for defendant, Durham City Board of Education.

Malcolm B. Seawell, Atty. Gen. of the State of North Carolina, and Ralph Moody, Asst. Atty. Gen. of the State of North Carolina, for defendant, North Carolina Board of Education.

STANLEY, District Judge.

This class action was commenced on May 12, 1958, by Joycelyn McKissick, a 15-year-old Negro citizen of Durham, North Carolina, through her mother and next friend, Evelyn W. McKissick, and Elaine Richardson, a 13-year-old Negro citizen of Durham, North Carolina, through her mother and next friend, Rachel Richardson, against the Durham City Board of Education and the North Carolina State Board of Education, to have declared the rights of the...

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