Nathaniel JAMES Et Al., Appellees, v. the BEAUFORT COUNTY BOARD OF EDUCATION, a Public Body Corporate, Appellant

Fourth Circuit

Nathaniel JAMES Et Al., Appellees, v. the BEAUFORT COUNTY BOARD OF EDUCATION, a Public Body Corporate, Appellant

465 F.2d 477, 5 Fair Empl. Prac. Cas. (BNA) 86

Court of Appeals for the Fourth Circuit·Decided August 28, 1972·No. 72-1065·Published·Cited by 3 cases

Opinions

PER CURIAM:

Except for the issue of counsel fees, which is reserved for resolution in the en banc hearing ordered in James v. Beaufort County Board of Education, No. 72-1065, Copeland v. School Board of Portsmouth, Virginia, Nos. 71-1993 and 71-1994, Thompson v. School Board of Newport News, Virginia, Nos. 71-2032 and 71-2033, and Bradley v. School Board of Richmond, Virginia, No. 71-1774, the orders of the District Court herein are affirmed for the reasons stated in its memorandum opinion. It is axiomatic that an ex parte order, entered without notice or hearing, and apparently viewed by the issuing Court itself more as a mere administrative entry rather than as a formal judicial order, will not support a plea of res judicata or authorize an es-toppel — and this is particularly true in a school integration case.

Affirmed.

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PER CURIAM:

Except for the issue of counsel fees, which is reserved for resolution in the en banc hearing ordered in James v. Beaufort County Board of Education, No. 72-1065, Copeland v. School Board of Portsmouth, Virginia, Nos. 71-1993 and 71-1994, Thompson v. School Board of Newport News, Virginia, Nos. 71-2032 and 71-2033, and Bradley v. School Board of Richmond, Virginia, No. 71-1774, the orders of the District Court herein are affirmed for the reasons stated in its memorandum opinion. It is axiomatic that an ex parte order, entered without notice or hearing, and apparently viewed by the issuing Court itself more as a mere administrative entry rather than as a formal judicial order, will not support a plea of res judicata or authorize an es-toppel — and this is particularly true in a school integration case.

Affirmed.

Nathaniel JAMES Et Al., Appellees, v. the BEAUFORT COUNTY BOARD OF EDUCATION, a Public Body Corporate, Appellant, 465 F.2d 477, 5 Fair Empl. Prac. Cas. (BNA) 86 (4th Cir. 1972).

Pincite

465 F.2d 477 (Nathaniel JAMES Et Al., Appellees, v. the BEAUFORT COUNTY BOARD OF EDUCATION, a Public Body Corporate, Appellant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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