Opinion, Brown v. Board of Education of Topeka, August 3, 1951

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UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

OLIVER BROWN, ET AL.,

Plaintiffs,

v.

BOARD OF EDUCATION OF TOPEKA,
SHAWNEE COUNTY, KANSAS, ET AL.,

Defendants
)
)
)
)
)    Civil Action
)    No. T-316
)
)
)
)
ENTERED
AUG 3 1951
HARRY M. WASHINGTON, Clerk
By Harry Paskard [?]
Deputy

Messers. John Scott, Charles Scott, Robert L. Carter, Jack

Greenberg and Charles E. Bledsoe for Plaintiffs;

Messrs. George Brewster and Lester Goodell for Defendants.

Before HUXMAN, United States Circuit Judge, MELLOTT, Chief District Judge, and HILL, District Judge.

HUXMAN, Circuit Judge, delivered the opinion of the Court.

 

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We are accordingly of the view that the Plessy and Lum cases, supra, have not been overruled and that they still presently are authority for the maintenance of a segregated school system in the lower grades.

The prayer for relief will be denied and judgment will be entered for defendants for costs.

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