Chronological History of the Birmingham School Case
Press Release
September 11, 1963

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Press Releases, Loose Pages. Chronological History of the Birmingham School Case, 1963. 959ff16d-bd92-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a4eebafb-23db-4eea-9959-f8db7a7084c0/chronological-history-of-the-birmingham-school-case. Accessed May 15, 2025.
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PRESS RELEASE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 OR. ALLAN KNIGHT CHALMERS JACK GREENBERG. CONSTANCE BAKER MOTLEY Preside! ROR IMMEDIATE RELEASE pesenoan September fr1ge2', CHRONOLOGICAL HISTORY OF THE BIRMINGHAM SCHOOL CASE Since the courts have been challenged during the current Alabama School crisis we are issuing the following sequence of legal steps taken by attorneys of the N.A,A.C,P, Legal Defense Fund on behalf of Negro students, June_17, 1960: James Armstrong and two other Negro parents filed suit on behalf of their minor children and all other Negroes similarly situated in the United States District Court for the Northern District of Alabama, Southern Division against the Board of Education of the City of Birmingham, Alabama, They charged that the F.ard was continuing to maintain a racially segregated public school system. The complaint was similar to that used in other school desegregation suits and called for an injunction against the continued assignment of children and teachers to the school system on a racial basis. July 18, 1960: The School Board answered, but no action was taken by the Court for over two years. June_13._ 1962: A second complaint was filed by Rev. T.N, Nelson calling for the desegregation of the Birmingham public schocl system. N.A.A.C.P, Legal Defense Fund's attorneys moved for an immediate hearing on a motion for preliminary injunction, This motion was denied on the same day by District Judge Grooms on the grounds that the Nelson suit involved the same issues as the Armstrong suit, August 17, 1962: The court denied Rev, Nelson's petition for writ of mandamus, noting that consolidation of the cases was within the discretion of the District Court and that District Judge Grvoms contemplated a hearing by October 1962, BY . /more =2= September 27, 1962: N.A.A.C.P. Legal Defense Fund's attorneys moved for the consoli- dation of the Armstrong and Nelson cases. October 3, 1962: The combined Armstrong and Nelson cases came to trial. No disposition was made of this motion. Octoher 25, 1962: The trial was concluded and N.A.A.C.P. Legal Defense Fund's attorneys were requested to file a brief by December 1, 1962, The defendant school board was given 30 days thereafter to file reply briefs. May 6, 1963: N.A.A.C.P. Legal Defense Fund's attorneys filed motions for an immediate order requiring the School Board to submit a desegre- gation plan, No disposition was made of this motion. May 28, 1963: The District Court handed down an opinion and separate orders in the Nelson and Armstrong cases. The order consolid ng the Nelson case with the Armstrong case was vacated and the elson action was dismissed. The court held that appellant Armstrong did not have standing to sue because he could make no showing that an application for the transfer of his children under the Alabama Pupil Placement Law, had been made and turned down because of their race. N,A.A.C.P, Legal Defense Fund's attorneys immediately filed Notice of Appeal along with the instant motion for an injunction pending disposition of that appeal, slated for the next month, July 12, 1963: Fifth Circuit court of appeals granted injunction pending appeal and reversed District Judge Grooms, The appeals court stated that Negroes were entitled to relief and cited the U.S. Supreme Court, and called for desegregation for the fall, along with a desegregation plan. The appeals court stated that the District Court should approve the plan. /more July_19,_ 1963: The District Court ordered that the plan should be brought in. August 19, 1963: The plan was brought in and called for desegregation of the 12th grade. The District Court immediately approved the plan which included a proviso for integration of the lower grades. However, the court put off N,A.A.C.P, Legal Defense Fund's objections of the plan until after school opened. 126 Negro students applied. Five were accepted, For further information contact:- Jesse DeVore, Jr, Director of Public Information, NAACP Legal Defense and Educational Fund,Inc., 10 Columbus Circle, New York 19, N.Y, JUdson 6~8397 OR Attorney Leroy D, Clarke, Gaston Motel, Birmingham, Ala, FAirfax 2-4631 (Area Code 205)