Smuck v. Hobson

408 F.2d 175 (D.C. Cir. 1969)


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.