Legal Opinion

Armstrong v. Board of Education of City of Birmingham, Ala.

District Court, N.D. Alabama

Decided May 28, 1963No. Civ. A. 9678, 10188PublishedCited by 8 opinions

1Opinion of the Court

LYNNE, District Judge.

When the Armstrong case (C.A. 9678) was called for trial on October 3, 1962, plaintiffs in the Nelson case (C.A. 10,-188) moved for an order of consolidation or joint trial. Since it appeared that these actions involved common questions of law and fact the court entered an oral order consolidating them for purpose of trial only and expressly provided therein that all evidence offered and all objections thereto on any grounds made by any party would be deemed to have been offered and made in each case separately.

Resting jurisdiction upon 28 U.S.C.A. § 1343(3) and…

2Cases cited26 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Brown v. Board of EducationSupreme Court of the United States · 1955
  3. Cooper v. AaronSupreme Court of the United States · 1958
  4. Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
  5. Doremus v. Board of Ed. of HawthorneSupreme Court of the United States · 1952

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3Cited by8 opinions

  1. Tinsley v. Palo Alto Unified School DistrictCalifornia Court of Appeal · 1979
  2. Smith v. WicklineDistrict Court, W.D. Oklahoma · 1975
  3. Gilmore v. JamesDistrict Court, N.D. Texas · 1968
  4. Tyree v. SmithDistrict Court, E.D. Tennessee · 1968
  5. Armstrong v. Board of Education of the City of BirminghamCourt of Appeals for the Fifth Circuit · 1964

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