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SPARROW v. GILL

Civ. No. 122 WS-68.

304 F.Supp. 86 (1969)

W. Warren SPARROW, on behalf of himself and Catherine Sparrow and of all other parents and children similarly situated, Plaintiff, v. Edwin GILL, Treasurer of North Carolina; Charles F. Carroll, Superintendent of Public Instruction for North Carolina; Marvin Ward, Secretary, Winston-Salem/Forsyth County Board of Education, Defendants.

United States District Court M. D. North Carolina, Winston-Salem Division.

Decided August 13, 1969.

Attorney(s) appearing for the Case

Renn Drum, Jr., Randolph & Drum, Winston-Salem, N. C., for plaintiff.

Robert B. Morgan, Atty. Gen. of N. C., Ralph Moody, Deputy Atty. Gen., and Andrew A. Vanore, Jr., Staff Atty., Raleigh, N. C., for defendants Gill and Carroll.

W. F. Womble, and John L. W. Garrou, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., for defendant Ward.

Before CRAVEN, Circuit Judge, and STANLEY and GORDON, District Judges.

CRAVEN, Circuit Judge:

Plaintiff brings this civil action seeking a declaratory judgment and injunctive relief declaring unconstitutional and preventing enforcement of Section 115-190.1, and a portion of Section 115-186(e) of the General Statutes of North Carolina. We hold Section 115-186(e) to be constitutional. We hold Section 115-190.1 unconstitutional as creating an unreasonable statutory classification.

FACTS

The agreed upon facts are these...

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