SMUCK V. HOBSON
408 F.2d 175 (D.C. Cir. 1969)
NATURE OF THE CASE: This was a motion to intervene in an action involving racial
discrimination.
FACTS: A class action was taken on behalf of black and poor children against the Board of
Education; their constitutional rights to equal educational opportunities were being
violated because the school system was operated under racial and economic discrimination.
The court in that action found for the class. The Board of Education decided not to appeal.
Hansen (P1), the Superintendent of Schools (who had resigned), and Smuck (P2), who was one
of the Board members, filed notices of appeal. P1 and a number of parents filed motions of
intervention in the district court and the court of appeals. The court of appeals delayed
hearing the appeal and remanded the motions of intervention for a hearing. The district
court granted the motions to intervene.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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