George Martin, for Himself and in Behalf of His Minor Children, Ellen and Catherine Martin v. Charlotte-Mecklenburg Board of Education

JAMES DICKSON PHILLIPS, Circuit Judge:

Plaintiffs brought this suit for themselves and their children, students in the Charlotte-Mecklenburg school system, seeking to enjoin the Board of Education from implementing the Board’s 1978 pupil reassignment plan. The district court denied plaintiffs’ prayer for a temporary restraining order and an injunction, and this appeal followed. Concluding that the 1978 assignment plan is within the Board’s plenary powers over educational policy, we affirm.

I

In Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971),…