LEE v. MACON CTY. BD. OF ED.

No. 79-2499.

616 F.2d 805 (1980)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor-Appellant, v. MACON COUNTY BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1980.


Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Birmingham, Ala., James P. Turner, Deputy Asst. Atty. Gen., Michael B. Wise, John C. Hoyle, General Litigation Section, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-intervenor-appellant.

Phelps, Owens & Jenkins, Sam M. Phelps, J. Russell Gibson, III, Tuscaloosa, Ala., for defendants-appellees.

Before GEE, FAY and VANCE, Circuit Judges.


FAY, Circuit Judge:

Among the individual school districts added as defendants during the tortuous course of this statewide school desegregation case was the Tuscaloosa City School System, joined in 1969. In Lee v. Macon County Board of Education, 429 F.2d 1218 (5th Cir. 1970) (Tuscaloosa I), this court affirmed the initial district court order approving a plan to desegregate Tuscaloosa's schools with neighborhood geographic...

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