aaron_v_cooper_1958_ - John AARON et al., Plaintiffs, v....

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John AARON et al., Plaintiffs, v. William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkansas Independent School District, and Virgil T. Blossom, Superintendent of Schools, Defendants No. 3113 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION 163 F. Supp. 13; 1958 U.S. Dist. LEXIS 3921; 1 Fed. R. Serv. 2d (Callaghan) 950 June 20, 1958, On Plaintiffs' Motion for Supersedeas June 23, 1958 COUNSEL: [**1] Thurgood Marshall, New York City, Wiley A. Branton, Pine Bluff, Ark., and U. Simpson Tate, Dallas, Tex., for plaintiffs-respondents. A. F. House and R. C. Butler, Little Rock, Ark., for defendants-petitioners. OPINIONBY: LEMLEY OPINION: [*14] This cause is now before the Court upon the petition of the defendants, members of the School Board of Little Rock, Arkansas, and the Superintendent of Schools, for an order permitting them to suspend until January, 1961, the operation of the plan of gradual racial integration in the Little Rock public schools, which plan was adopted by the Board in 1955, and was approved by the Court in 1956, the Court of Appeals affirming. Aaron v. Cooper, D.C.Ark., 143 F.Supp. 855, affirmed 8 Cir., 243 F.2d 361. This petition has been tried to the Court and the Court having considered the pleadings, briefs and evidence, and being well and fully advised, doth file this memorandum opinion, incorporating herein its findings of fact and conclusions of law. In order that the issues tendered by the Board's petition may be intelligently understood, a brief history of this litigation is desirable: Prior to the decisions of the Supreme Court of the United States [**2] in the Brown cases ( Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, and 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. [*15] 1083) the public school system in Little Rock, like all other public school systems in the State of Arkansas, was operated on a racially segregated basis. A few days after the first Brown decision was rendered the Board announced that it was commencing studies looking toward the establishment of an integrated school system; and in 1955, a few days prior to the rendition of the second Brown decision, the Board announced a plan of gradual integration extending over a period of years, the plan to go into operation with respect to the high school grades at the commencement of the 1957-58 school year. n1 Thereafter, the plaintiffs in this case, who are Negro children of school age residing within the Little Rock School District, commenced a class action against the members of the Board and the Superintendent of Schools attacking the plan. The case was tried by Judge John E. Miller of Ft. Smith, who was sitting in the Eastern District of Arkansas under a special assignment. As indicated, the plan was approved, and the Court dismissed the prayer [**3] of the complaint for declaratory and injunctive relief, and retained jurisdiction of the case for the purpose of entering such other and
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This note was uploaded on 04/07/2008 for the course HIST 327 taught by Professor Hamm during the Spring '08 term at SUNY Albany.

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aaron_v_cooper_1958_ - John AARON et al., Plaintiffs, v....

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