Lionel C. Carson, an Infant, by His Next Friend, Martin A. Carsons. v. Board of Education of McDowell County, a Body Corporate

This is an appeal from an order dismissing an action brought by certain Negro children to enjoin alleged discrimination against them in the administration of the schools of McDowell County, North Carolina. The complaint alleged that the plaintiffs were not allowed to attend schools maintained by defendants for white children in the town of Old Fort in McDowell County but were required to go to a school in Marion fifteen miles away and that this discrimination was made solely on account of race and color. The complaint was filed prior to the decision of the Supreme Court in the school…