WARREN G. COUSIN, PLAINTIFF-APPELLANT,
v.
BOARD OF TRUSTEES OF HOUSTON MUNICIPAL SEPARATE SCHOOL DISTRICT, ET AL., DEFENDANTS-APPELLEES
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The court held that the prior opinion's conclusions were improper without full factual determination by the District Court.
The Court of Appeals previously adjudicated issues related to Singleton III compliance. The School District petitioned for rehearing, arguing the Dist…
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PER CURIAM:
This Court in its opinion, 648 F. 2d 293 (5th Cir. 1981) declared that the record on appeal raised questions of compliance with Singleton III which it then undertook to adjudicate.
The School District’s petition for rehearing raises serious questions whether it was proper for this Court to draw these conclusions since the District Court, 488 F.Supp. 75, had ruled that Singleton was not involved, which effectively cut off any opportunity of contrary proof.
Consequently, the petition for rehearing is granted, the opinion is vacated and the case is remanded to the District Court for full factual hearing and determination of whether (i) Singleton III is involved (ii) Singleton III was violated (iii) Cousin was collaterally estopped to assert Singleton III violation (iv) Cousin was qualified (v) the statute of limitations or laches had run as to sustainable Singleton III claims. See Peques v. Morehouse Parish School Bd., 632 F. 2d 1279, 1282 n.3 (5th Cir. 1980) and (vi) all other related issues.
Left to the initial determination of the District Court is the matter of the extent, if any, the present record shall or may be considered along with newly offered evidence.
REMANDED.
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Citator
Cited By
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Cousin v. Bd. OF Trs. OF Houston Mun. Separate Sch. Dist., 726 F.2d 262 (5th Cir. 1984)
Authorities Cited
- Pegues v. Morehouse Parish Sch. Bd., 632 F.2d 1279 (5th Cir. 1980)
- Cousin v. Bd. OF Trs. OF Houston Mun. Separate Sch. Dist., 648 F.2d 293 (5th Cir. 1981)