ANTHONY T. LEE ET AL., PLAINTIFFS-APPELLANTS, UNITED STATES OF AMERICA, PLAINTIFFINTERVENOR-APPELLANT,
v.
MACON COUNTY BOARD OF EDUCATION ET AL., DEFENDANTS, MARENGO COUNTY BOARD OF EDUCATION, DEFENDANTS-APPELLEES

5th Cir. | 1971-06-14
No. 30504
443 F.2d 1367 Court of Appeals for the Fifth Circuit (1971) Positive Treatment
Cited by 3 cases

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Holding

The court held that the District Court must implement a student assignment plan complying with Swann principles and fully implement uniform provisions for desegregation.


Facts & Procedural History

This case involves a school desegregation matter where the District Court's prior judgment is being reviewed. The court directs specific actions regar…

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Opinion of the Court
BY THE COURT:

BY THE COURT:

The judgment of the District Court is vacated and the cause is remanded with direction that the District Court require the School Board forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, insofar as they relate to the issues presented in this case.

The District Court is also directed to implement fully the uniform provisions of our decision in Singleton v. Jackson Municipal Separate School District (en banc), 5 Cir., 1970, 419 F. 2d 1211; Id., 425 F. 2d 1211, insofar as said uniform provisions relate to desegregation of faculty and other staff, majority to minority transfer policy, transportation school construction and site selection, and attendance outside system of residence. See also Carter v. West Feliciana Parish School Board, 5 Cir., 1970, 432 F. 2d 875.

The District Court shall require the School Board to file semiannual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F. 2d 611, at 618-619.

The mandate shall issue forthwith.

Vacated and remanded with direction.


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