norwood v. tucker

norwood v. tucker - William Henry NORWOOD et al.,...

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William Henry NORWOOD et al., Appellants, v. Everett TUCKER, Jr., et al., Appellees No. 16586 UNITED STATES COURT OF APPEALS EIGHTH CIRCUIT 287 F.2d 798; 1961 U.S. App. LEXIS 5170 March 2, 1961 COUNSEL: [**1] Wiley A. Branton, Pine Bluff, Ark., for appellants and Thurgood Marshall and James M. Nabrit, III, New York City, were with him on the brief. Herschel H. Friday, Jr., Little Rock, Ark., for appellee, and Robert V. Light, and Howard Cockrill, Little Rock, Ark., were with him on the brief. JUDGES: Before WOODROUGH, VAN OOSTERHOUT, and MATTHES, Circuit Judges. OPINIONBY: MATTHES OPINION: [*799] The plan for integration of the public schools in Little Rock, Arkansas, which was adopted by the Board of Education May 24, 1955, approved by the United States District Court in Aaron v. Cooper, 143 F.Supp. 855, on August 27, 1956, and affirmed by this Court April 26, 1957, 243 F.2d 361, is once more the subject before us on appeal. n1 - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n1. See Aaron v. Cooper, D.C., 156 F.Supp. 220, enjoining Governor and other officials of the State of Arkansas from, inter alia, obstructing or preventing Negro students from attending Little Rock Central High School, affirmed sub. nom. Faubus v. United States, 8 Cir., 254 F.2d 797, certiorari denied 358 U.S. 829, 79 S.Ct. 49, 3 L.Ed.2d 68; Aaron v. Cooper, D.C., 163 F.Supp. 13, suspending operation of plan of integration until mid-semester of 1960-1961 school year, reversed Aaron v. Cooper, 8 Cir., 257 F.2d 33, affirmed sub. nom. Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1399, 3 L.Ed.2d 3; Aaron v. Cooper, 8 Cir., 261 F.2d 97, after Board had purportedly leased school properties to private organization, directing entry of order enjoining school board members from engaging in any acts which are capable of serving to impede, thwart or frustrate execution of the integration plan, and requiring them to take such affirmative steps as directed by the district court to facilitate and accomplish integration of Little Rock schools; Aaron v. Cooper, D.C., 169 F.Supp. 325, entering order in accordance with opinion and mandate in Aaron v. Cooper, 8 Cir., 261 F.2d 97; Aaron v. McKinley, D.C., 173 F.Supp. 944 (3-Judge court) holding unconstitutional Act 4 of the Second Extraordinary Session of the Sixty-first General Assembly of Arkansas for the year 1958, under which high schools in Little Rock were closed, affirmed sub. nom. Faubus v. Aaron, 361 U.S. 197, 80 S.Ct. 291, 4 L.Ed.2d 237. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [**2] [*800] Appellants are several of the original plaintiffs in Aaron v. Cooper, 143 F.Supp. 855, supra, a class action, and a number of Negro students who, upon motion in the trial court, were allowed to intervene. It appears that one of the 1
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intervenors has not joined in this appeal. Hereinafter, appellants will be referred to as 'plaintiffs.' The appellees are the Little Rock School District, Mr. Powell, Superintendent of Schools, and members of the Little Rock School Board serving
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norwood v. tucker - William Henry NORWOOD et al.,...

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