THOMPSON v. SCHOOL BOARD OF CITY OF NEWPORT NEWS, VA.

Nos. 71-2032, 71-2033.

465 F.2d 83 (1972)

Frank V. THOMPSON et al., Appellants, v. The SCHOOL BOARD OF the CITY OF NEWPORT NEWS, VIRGINIA, et al., Appellees. Frank V. THOMPSON et al., Appellees, v. The SCHOOL BOARD OF the CITY OF NEWPORT NEWS, VIRGINIA, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1972.


Attorney(s) appearing for the Case

Henry L. Marsh, III, Richmond, Va. (S. W. Tucker, James W. Benton, Jr., and Hill, Tucker & Marsh, Richmond, Va., and Philip S. Walker, Newport News, Va., Jack Greenberg, James M. Nabrit, III, and Norman Chachkin, New York City, on the brief) for Frank V. Thompson.

Robert V. Beale, Newport News, Va. (Bateman, West & Beale, Newport News, Va., and Panos A. Yeapanis, City Atty., for the City of Newport News, Virginia, on the brief), for School Board of the City of Newport News.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL and FIELD, Circuit Judges, sitting en banc.


DONALD RUSSELL, Circuit Judge:

From an order of the District Court in these school desegregation cases, both plaintiffs and defendants have appealed.

The appeal of the plaintiffs will be first considered.

I.

Plaintiffs assail the manner in which the plan approved by the District Court would assign elementary pupils in the school system. Under the plan, pupils in grades 1 and 2 are to attend neighborhood elementary schools; pupils in grades...

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