Evans v. Buchanan

I concur in Judge Layton’s opinion to the extent that it holds:(1) that the State Board of Education is the proper party defendant, and bears primary responsibility for the elimination of segregated schooling;(2) that it is the defendants’ duty to effectuate a transition to a racially nondiscriminatory school system which has eliminated all vestiges of state-imposed segregation;

*1225(3) that the Wilmington Public School System has not been desegregated ;(4) that the State Board defendants must come forward with plans to remedy the existing segregation.

I dissent, however, from the court’s holding…