Everett Decarl Smith, Jr., and United States of America, Intervenor-Appellee v. North Carolina State Board of Education Et At.

We agree with the district court that the North Carolina State Board of Education, the State Superintendent of Public Instruction, and the Controller of the State Board of Education are proper parties. But for reasons fully stated by Judge Craven in his order of July 31, 1970 * staying portions of the order of the district court, those provisions of the order stayed by Judge Craven are now vacated.

Nothing in Judge Craven’s order and nothing that we do today precludes the district court from:(1) joining as defendants school boards that operate racially dual school systems over which the…