# Gilliam v. School Board of the City of Hopewell

> Court of Appeals for the Fourth Circuit · April 7, 1965 · 345 F.2d 325

URL: https://www.frixlaw.com/law-library/cases/8872205

## Case

- **Full name:** Renee Patrice GILLIAM and Reuben Lemuel Gilliam, Jr., infants, by Reuben L. Gilliam and Joy T. Gilliam, their father and mother and next friends, and all others of the v. SCHOOL BOARD OF the CITY OF HOPEWELL, VIRGINIA, and Charles W. Smith, Division Superintendent of Schools of the City of Hopewell, Virginia, (two cases)
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** April 7, 1965
- **Citations:** 345 F.2d 325
- **Precedential status:** Published
- **Opinion:** Dissent by Bryan
- **Judges:** Bell, Bryan, Haynsworth, Sobeloff
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8872205

## Opinion text

ALBERT V. BRYAN, Circuit Judge
(dissenting in part).
With the plan of desegregation approved, as it is, I can see neither logic nor other ground for not retransferring the fifteen pupils to the school the plan provides for them. The School Board has requested the reassignment. However, the Court finds it would “have a substantially adverse effect” upon the students. It seems to me the school authorities are better versed than are we on that score. Moreover, the assignment initially was understood to be simply provisional. Finally, the Board, as well as the scholars, is entitled to indiscriminate enforcement of a legitimate plan.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8872205. Public record. Not legal advice.