Gebhart v. Belton Waiver of Brief in Opposition and Motion to Advance If Certiorari Granted

    (Urntrt ni tip luifrh States
October Term, 1952

No. 448

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
JAMES M. TUNNELL, Members of the State Board of Education of 
the State of Delaware, GEORGE R. MILLER, JR,, State Superintendent 
of Public Instruction of the State of Delaware, ALFRED EUGENE 
FLETCHER, GEORGE CLIFFORD JOHNSON, SAGER TRYON, 
EARL EDWARD ROWLES, Members of the Board of Education of the 
Claymont Special School District, HARVEY E. STAHL, and HAIG 
KUPJIAN,

Petitioners,
v.

ETHEL LOUISE BELTON, an Infant, by Her Guardian ad Litem, 
ETHEL BELTON, ELBERT JAMES CRUMPLER, an Infant, by 
His Guardian ad Litem, JOSEPH CRUMPLER, RICHARD LEON 
DAVIS and JOHN TERRELL DAVIS, Infants by Their Guardian ad 
Litem, JOHN W. DAVIS, SPENCER W. ROBINSON, an Infant, 
by His Guardian ad Litem, WILLIE ROBINSON, STYRON LU­
CILLE SANFORD, an Infant, by Her Guardian ad Litem, EMMA 
FOUNTAIN, ALMENA A. SHORT, an Infant, by Her Guardian ad 
Litem, JOHN SHORT, MYRTHA DELORES TROTTER, an Infant, 
by Her Guardian ad Litem HARLAN TROTTER, ETHEL BELTON, 
JOSEPH CRUMPLER JOHN W. DAVIS, WILLIE ROBINSON, 
EMMA FOUNTAIN, JOHN SHORT, and HARLAN TROTTER,

Respondents.

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
and JAMES M. TUNNELL, Members of the State Board of Education 
of the State of Delaware, GEORGE R. MILLER, JR., State Superin­
tendent of Public Instruction of the State of Delaware, GORDON F. 
BIEHN, FREDERICK H. SMITH, HENRY C. MITCHELL, and 
ETHEL C. McVAUGH, Members of the Board of School Trustees of 
Hockessin School No. 29,

Petitioners,
v.

SHIRLEY BARBARA BULAH, an Infant, by Her Guardian ad Litem, 
SARAH BULAH, FRED BULAH and SARAH BULAH,

Respondents.

WAIVER OF BRIEF IN OPPOSITION AND MOTION 
TO ADVANCE IF CERTIORARI GRANTED

LOUIS L. REDDING, 
THURGOOD MARSHALL, 
JACK GREENBERG,

Attorneys for Respondents.



Supreme (ta rt 0! tl?r InttrJi States
October Term, 1952

No. 448

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
JAMES M. TUNNELL, Members of the State Board of Education of 
the State of Delaware, GEORGE R. MILLER, JR,, State Superintendent 
of Public Instruction of the State of Delaware, ALFRED EUGENE 
FLETCHER, GEORGE CLIFFORD JOHNSON, SAGER TRYON, 
EARL EDWARD ROWLES, Members of the Board of Education of the 
Claymont Special School District, HARVEY E. STAHL, and HAIG 
KUPJIAN,

Petitioners,
v.

ETPIEL LOUISE BELTON, an Infant, by Her Guardian ad Litem, 
ETHEL BELTON, ELBERT JAMES CRUMPLER, an Infant, by 
His Guardian ad Litem, JOSEPH CRUMPLER, RICHARD LEON 
DAVIS and JOHN TERRELL DAVIS, Infants by Their Guardian ad 
Litem, JOHN W. DAVIS, SPENCER W. ROBINSON, an Infant, 
by His Guardian ad Litem, WILLIE ROBINSON, STYRON LU­
CILLE SANFORD, an Infant, by Her Guardian ad Litem, EMMA 
FOUNTAIN, ALMENA A. SHORT, an Infant, by Her Guardian ad 
Litem, JOHN SHORT, MYRTHA DELORES TROTTER, an Infant, 
by Her Guardian ad Litem HARLAN TROTTER, ETHEL BELTON, 
JOSEPH CRUMPLER, JOHN W. DAVIS, WILLIE ROBINSON, 
EMMA FOUNTAIN, JOHN SHORT, and HARLAN TROTTER,

Respondents.

FRANCIS B. GEBHART, WILLIAM B, HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
and JAMES M. TUNNELL, Members of the State Board of Education 
of the State of Delaware, GEORGE R. MILLER, JR., State Superin­
tendent of Public Instruction of the State of Delaware, GORDON F. 
BIEHN, FREDERICK H. SMITH, HENRY C. MITCHELL, and 
ETHEL C. McVAUGH, Members of the Board of School Trustees of 
Hockessin School No. 29,

Petitioners,
v.

SHIRLEY BARBARA BULAH, an Infant, by Her Guardian ad Litem, 
SARAH BULAH, FRED BULAH and SARAH BULAH,

Respondents.

WAIVER OF BRIEF IN OPPOSITION AND MOTION
TO ADVANCE IF CERTIORARI GRANTED



2

To the Honorable, the Chief Justice of the United States, 
Fred M. Vinson and the Associate Justices of the 
Supreme Court of the United States:

1. In the above-entitled cases respondents in the courts 
below, by invoking the equal protection clause of the 14th 
Amendment to the United States Constitution, successfully 
challenged racial segregation in elementary and high school 
education which had been maintained pursuant to State 
statute and Constitution in the State of Delaware. The 
issues in these cases are similar to the issues in Oliver 
Brown, et al. v. Board of Education of Topeka, Shawnee 
County, Kansas, et al., No. 8 in this Court; Dorothy E. 
Davis, et al. v. County School Board of Prince Edward 
County, Virginia, et al., No. 191, in this Court; and Harry 
Briggs, Jr., et al. v. R. W. Elliot, Chairman, J. D. Carson, 
et al., Members of Board of Trustees of School District 
No. 22, Clarendon County, S. C., et al., No. 101, in this Court, 
in which plaintiffs did not prevail below.

2. Respondents waive the right to file a brief in opposi­
tion to the granting of a writ of certiorari in the above- 
entitled cases, and urge that if petitioners’ petition for a 
writ of certiorari is granted that this Court schedule the 
above-entitled cases for argument immediately following 
argument in Nos. 8, 101 and 191, for the reason that the 
issues involved are closely related.

Respectfully submitted,

Loins L. R edding ,
T hubgood  M a rsh a ll ,
J ack Greenberg,

Attorneys for Respondents.



Supreme P rinting Co., I nc., 41 M urray Street, N. Y., BArclay 7-0349



§u|imiu' (£mu*t nf tin Mnttefc States
October Term, 1952

No. 448

FRANCIS B. GEBIIART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OH.RUM SMALL, N. MAXSON TERRY, 
JAMES M. TUNNELL, Members of the State Board of Education of 
the State of Delaware, GEORGE R, MILLER, JR,, State Superintendent 
of Public Instruction of the State of Delaware, ALFRED EUGENE 
FLETCHER, GEORGE CLIFFORD JOHNSON, SAGER TRYON, 
EARL EDWARD ROWLES, Members of the Board of Education of the 
Claymont Special School District, HARVEY E. STAHL, and HAIG 
KUPJIAN,

Petitioners,

ETHEL LOUISE BELTON, an Infant, by Her Guardian ad Litem, 
ETHEL BELTON, ELBERT JAMES CRUMPLER, an Infant, by 
His Guardian ad Litem, JOSEPH CRUMPLER, RICHARD LEON 
DAVIS and JOHN TERRELL DAVIS, Infants by Their Guardian ad 
Litem, JOHN W. DAVIS, SPENCER W. ROBINSON, an Infant, 
by His Guardian ad Litem, WILLIE ROBINSON, STYRON LU­
CILLE SANFORD, an Infant, by Her Guardian ad Litem, EMMA 
FOUNTAIN, ALMENA A, SPIORT, an Infant, by Her Guardian ad 
Litem, JOHN SHORT, MYRTHA DELORES TROTTER, an Infant, 
by Her Guardian ad Litem HARLAN TROTTER, ETHEL BELTON, 
JOSEPH CRUMPLER, JOHN W. DAVIS, WILLIE ROBINSON, 
EMMA FOUNTAIN, JOHN SHORT, and HARLAN TROTTER,

Respondents.

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
and JAMES M. TUNNELL, Members of the State Board of Education 
of the State of Delaware, GEORGE R. MILLER, JR., State Superin­
tendent of Public Instruction of the State of Delaware, GORDON F. 
BIEHN, FREDERICK H. SMITH, HENRY C. MITCHELL, and 
ETHEL C. McVAUGH, Members of the Board of School Trustees of
Hockessin School No. 29, . .

Petitioners,

SHIRLEY BARBARA BULAIT, an Infant, by Her Guardian ad Litem, 
SARAH BULAH, FRED BULAH and SARAH BULAH,

Respondents.

WAIVER OF BRIEF IN  OPPOSITION AND MOTION 
TO ADVANCE IF CERTIORARI GRANTED

LOUIS L. REDDING, 
THURGOOD MARSHALL, 
JACK GREENBERG,

Attorneys for Respondents.



Supreme Court nf %  Imtrti Btutva
October Term , 1952

No. 448

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
JAMES M. TUNNELL, Members of the State Board of Education of 
the State of Delaware, GEORGE R. MILLER, JR., State Superintendent 
of Public Instruction of the State of Delaware, ALFRED EUGENE 
FLETCHER, GEORGE CLIFFORD JOHNSON, SAGER TRYON, 
EARL EDWARD ROWLES, Members of the Board of Education of the 
Claymont Special School District, HARVEY E. STAHL, and HAIG 
KUPJIAN,

ETHEL LOUISE BELTON, an Infant, by Her Guardian ad Litem, 
ETHEL BELTON, ELBERT JAMES CRUMPLER, an Infant, by 
His Guardian ad Litem, JOSEPH CRUMPLER, RICHARD LEON 
DAVIS and JOHN TERRELL DAVIS, Infants by Their Guardian ad 
Litem, JOHN W. DAVIS, SPENCER W. ROBINSON, an Infant, 
by His Guardian ad Litem, WILLIE ROBINSON, STYRON LU­
CILLE SANFORD, an Infant, by Her Guardian ad Litem, EMMA 
FOUNTAIN, ALMENA A. SHORT, an Infant, by Her Guardian ad 
Litem, JOHN SHORT, MYRTHA, DELORES TROTTER, an Infant, 
by Her Guardian ad Litem HARLAN TROTTER, ETHEL BELTON, 
JOSEPH CRUMPLER. JOHN W. DAVIS, WILLIE ROBINSON, 
EMMA FOUNTAIN, JOHN SHORT, and HARLAN TROTTER,

Respondents.

FRANCIS B. GEBHART, WILLIAM B. HORNER, EUGENE H. 
SHALLCROSS, JESSE OHRUM SMALL, N. MAXSON TERRY, 
and JAMES M. TUNNELL, Members of the State Board of Education 
of the State of Delaware, GEORGE R. MILLER, JR., State Superin­
tendent of Public Instruction of the State of Delaware, GORDON F. 
BIEHN, FREDERICK H. SMITH, HENRY C. MITCHELL, and 
ETHEL C. McVAUGH, Members of the Board of School Trustees of 
Hockessin School No. 29,

Petitioners, 
v.

SHIRLEY BARBARA BULAH, an Infant, by Her Guardian ad Litem, 
SARAH BULAH, FRED BULAH and SARAH BULAH,

Respondents.

WAIVER OF BRIEF IN OPPOSITION AND MOTION
TO ADVANCE IF CERTIORARI GRANTED



2

To the Honorable, the Chief Justice of the United States, 
Fred M. Vinson and the Associate Justices of the 
Supreme Court of the United States:

1. In the above-entitled cases respondents in the courts 
below, by invoking the equal protection clause of the 14th 
Amendment to the United States Constitution, successfully 
challenged racial segregation in elementary and high school 
education which had been maintained pursuant to State 
statute and Constitution in the State of Delaware. The 
issues in these cases are similar to the issues in Oliver 
Brown, et at. v. Board of Education of Topeka, Shawnee 
County, Kansas, et al., No. 8 in this Court; Dorothy E. 
Davis, et al. v. County School Board of Prince Edward 
County, Virginia, et al., No. 191, in this Court; and Harry 
Briggs, Jr., et al. v. R. W. Elliot, Chairman, J. D. Carson, 
et al., Members of Board of Trustees of School District 
No. 22, Clarendon County, S. C., et al., No. 101, in this Court, 
in which plaintiffs did not prevail below.

2. Respondents waive the right to file a brief in opposi­
tion to the granting of a writ of certiorari in the above- 
entitled cases, and urge that if petitioners’ petition for a 
writ of certiorari is granted that this Court schedule the 
above-entitled cases for argument immediately following 
argument in Nos. 8, 101 and 191, for the reason that the 
issues involved are closely related.

Respectfully submitted,

Louis L. R edding,
T hubgood Marshall,
J ack Greenberg,

Attorneys for Respondents.



Supreme P rinting Co., I nc., 41 M urray Street, N. Y„ BArclay 7-0349