Cunningham v. Grayson

I concur in the majority opinion except with respect to its affirmance of the dismissal of the action against Anchorage Independent School District in No. 76-1414. I do not agree with its approval of the district court’s determination that “there is no evidence that the AISD boundaries were drawn in 1911 to include whites and to exclude blacks.”

Appellants argue that as a matter of (state) law a black child residing within the City of Anchorage (i. e., within the geographic boundaries of the district) would not have been considered as residing in the Anchorage white common graded school…