This section contains the nature of the case and procedural background.

McCrary and Gonzales (P) are Negro children. They filed a class action against Runyon (D) alleging that they were prevented from attending D's school because they were Negroes. P alleged violations of 42 U.S.C.A. section 1981. Another school was also named in a separate complaint by Gonzales, and this was a consolidated appeal. Neither D has ever accepted Negro children for any of its programs. Ps were informed that their applications were turned down because the schools were not integrated. The Supreme Court granted certiorari.

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