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NORRIS v. STATE COUNCIL OF HIGHER EDUCATION

Civ. A. No. 365-70-R.

327 F.Supp. 1368 (1971)

Ethel M. NORRIS, an infant who sues by Granville M. Norris, her father and next friend, et al., Plaintiffs, v. STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

May 12, 1971.

Attorney(s) appearing for the Case

S. W. Tucker, Henry L. Marsh, III, Seymour Dubow, James W. Benton, Jr., Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, James M. Nabrit, III, Norman Chachkin, New York City, for plaintiffs.

Andrew P. Miller, Atty. Gen. of Virginia, William G. Broaddus, D. Patrick Lacy, Jr., Asst. Attys. Gen., Richmond, Va., for A. Linwood Holton, Governor of Virginia, and the State Council of Higher Education for Virginia.

R. D. McIlwaine, III, Petersburg, Va., for The Board of Visitors of the College of William and Mary in Virginia, and James M. Carson, President of Richard Bland College.

Edward S. Hirschler, Everette G. Allen, Jr., Hirschler & Fleischer, Richmond, Va., for The Board of Visitors of Virginia State College.

Philip J. Hirschkop, Alexandria, Va., Richard E. Crouch, Arlington, Va., for amicus curiae, American Civil Liberties Union of Virginia.

Before BUTZNER, Circuit Judge, and HOFFMAN and MERHIGE, District Judges.

BUTZNER, Circuit Judge:

The plaintiffs, black faculty members and students of Virginia State College and black high school students, complain that Virginia is still operating a racially identifiable dual system of higher education and that escalation of predominantly white Richard Bland College from a two-year institution to a four-year college will frustrate the efforts of its neighbor, predominantly black Virginia State College, to desegregate. They seek to enjoin...

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