# Carolyn Eaton v. New Hanover County Board of Education

> Court of Appeals for the Fourth Circuit · April 26, 1972 · 459 F.2d 684

URL: https://www.frixlaw.com/law-library/cases/9458129

## Case

- **Full name:** Carolyn EATON Et Al., Appellees, v. NEW HANOVER COUNTY BOARD OF EDUCATION, Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** April 26, 1972
- **Citations:** 459 F.2d 684; 1972 U.S. App. LEXIS 9892
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Haynsworth, Bryan, Winter, Butzner, Russell, Field
- **Cited by:** 9 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/9458129

## Opinion text

ALBERT V. BRYAN, Circuit Judge
(concurring specially):
I agree that the findings of the District Court warranted its conclusion that the New Hanover County School System was not an integrated system. Nor do I disagree with the remedies decreed, but I do make this reservation: if any of the existing or proposed busing is for the purpose of maintaining a racial balance in the public schools, then to the approval by the majority opinion of that busing, I must dissent.
It is my understanding that no such transportation has ever been declared by the Supreme Court as required of the States by the Constitution. Swann v. *687 Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1, 24 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971). I recognize that busing may be required where necessary to establish integration in the public schools. However, this is far different from busing solely to assure racial balances in the integrated schools. I have consistently so stressed. Swann v. Charlotte-Mecklenburg Bd. of Educ., 431 F.2d 138, 155 (4 Cir. 1970), aff’d 402 U.S. 1 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971), supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9458129. Public record. Not legal advice.