U.S. 78, the validity of the doctrine itself was not challenged.(2) In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to African American students of the same educational qualifications. Missouri ex. rel. Gaines v. Canada, 305 U.S. 337 ; Sipuel v. Oklahoma, 332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637.(4,5,6) In none of these above four cases, it was necessary to re-examine the doctrine "separate but equalâ€" to grant relief to the Black plaintiff.(Human and Constitutional Rights Documents,p.5)
             I response to numerous unsuccessful attempts to ensure equal opportunities for all children, African American community leaders and organizations across the country took the affords to change the educational system. In the Fall of 1950 member of the Topeka, Kansas, Chapter of the NAACP (National Association for the Advancement of Colored People) agreed to again challenge the "separate but equalâ€" doctrine governing public education. For a period of two years prior to legal action the chapter president, McKinley Burnett had attempted to pursued Topeka school officials to integrate their schools. This law suit was a final attempt. Their plan involved enlisting the support of fellow NAACP members and personal friends as plaintiffs in what would be a class action suit filed against the Board of Education of Topeka Public Schools. A group of thirteen parents agreed to participate on behalf of their children (twenty children). Each plaintiff was to watch the paper for enrollment dates and take their child to the school for white children that was nearest to their home. Once they attempted enrollment and were denied, they were to report back to the NAACP. This would provide the attorneys with the documentation needed to file a law suite against the Topeka School Board. Individuals in the ...