RALPH STELL ET AL., PLAINTIFFS-APPELLANTS, UNITED STATES OF AMERICA, PLAINTIFF-INTERVENOR-APPELLEE,
v.
THE BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM ET AL., DEFENDANTS-APPELLEES, DARNELL BRAWNER ET AL., DEFENDANTS-INTERVENORS-APPELLEES

5th Cir. | 1971-08-23
No. 71-2380
446 F.2d 904 Court of Appeals for the Fifth Circuit (1971) Positive Treatment
Cited by 22 cases

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Holding

The court granted summary reversal in part, vacating the judgment concerning elementary schools and remanding for implementation of a compliant student assignment plan.


Facts & Procedural History

Appellants moved for summary reversal of a District Court order regarding school desegregation. The District Court had previously issued an order conc…

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Opinion of the Court

BY THE COURT:

It is ordered that appellants’ motion for summary reversal of the District Court’s order of June 30,1971, is granted in part and the judgment of the District Court as it pertains to elementary schools is vacated and the cause is remanded with direction that the District Court require the School Board forthwith 1 to constitute and implement a student assignment plan for elementary schools which complies with the principles established in Swann v. Charlotte-Mecklenberg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971), insofar as they relate to the issues presented in this case.

The District Court shall require the School Board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F. 2d 611, 618. Also, the District Court shall require the School Board to announce and implement the provisions for desegregation of faculty and staff as set out in Singleton v. Jackson Municipal Separate School District, 5 Cir., 1970, 419 F. 2d 1211.

Vacated and remanded with direction.

. Alexander v. Holmes County Bd. of Educ., 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed. 2d 19 (1969).


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