Swann v. Charlotte-Mecklenburg Board of Education
District Court, W.D. North Carolina
1Opinion of the Court
CRAVEN, Circuit Judge:
This three-judge district court was convened pursuant to 28 U.S.C. § 2281 et seq. (1964), to consider a single aspect of the above-captioned case: the constitutionality and impact of a state statute, N.C.Gen.Stat. § 115-176.1 (Supp.1969), known as the antibussing law, on this suit brought to desegregate the Charlotte-Mecklenburg school system. We hold a portion of N.C.Gen.Stat. § 115-176.1 unconstitutional because it may interfere with the school board’s performance of its affirmative constitutional duty under the equal protection clause of the Fourteenth Amendment.
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2Cases cited9 opinions
- Brown v. Board of EducationSupreme Court of the United States · 1954
- Brown v. Board of EducationSupreme Court of the United States · 1955
- Green v. County School Board of New Kent CountySupreme Court of the United States · 1968
- Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
- Swift & Co. v. WickhamSupreme Court of the United States · 1965
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3Cited by9 opinions
- North Carolina State Board of Education v. SwannSupreme Court of the United States · 1971
- San Francisco Unified School District v. JohnsonCalifornia Supreme Court · 1971
- Robert W. Kelley and Henry C. Maxwell, Jr. v. Metropolitan County Board of Education of Nashville and Davidson County, TennesseeCourt of Appeals for the Sixth Circuit · 1970
- Evans v. BuchananDistrict Court, D. Delaware · 1974
- Evans v. BuchananDistrict Court, D. Delaware · 1974
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