Browning v. Board of Education

MOREMEN, Judge.

Appellants, who are residents of Millseat precinct, a part of the Fairview Independent School District of Boyd County, filed an action in behalf of themselves and of residents similarly situated by which they sought to enjoin appellees, the Board of Education of that district and its individual members, from erecting a school building on property known to the record as “the Barber property.”

After issue had been joined and upon motion for a summary judgment — the court being of the opinion that the pleadings and depositions filed, together with exhibits and affidavits submitted…