DAVIS v. BOARD OF SCHOOL COMM'RS OF MOBILE COUNTY

No. 436.

402 U.S. 33 (1971)

DAVIS ET AL. v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY ET AL.

Supreme Court of United States.

Decided April 20, 1971


Attorney(s) appearing for the Case

Jack Greenberg argued the cause for petitioners. With him on the briefs were James M. Nabrit III, Michael Davidson, Norman J. Chachkin, and Anthony G. Amsterdam.

Abram L. Philips, Jr., argued the cause for respondents Board of School Commissioners of Mobile County et al. With him on the brief were George F. Wood, John J. Sparkman, James B. Allen, and Jack Edwards. Samuel L. Stockman argued the cause for respondents Mobile County Council Parent-Teacher Associations et al. With him on the brief were W. A. Kimbrough, Jr., and John W. Adams, Jr.

Solicitor General Griswold argued the cause for the United States as amicus curiae. With him on the brief was Assistant Attorney General Leonard.

Briefs of amici curiae were filed by Albert P. Brewer, Governor, MacDonald Gallion, Attorney General, and Joseph D. Phelps, Special Assistant Attorney General, for the State of Alabama; by A. F. Summer, Attorney General, and Semmes Luckett, Special Assistant Attorney General, for the State of Mississippi; by Robert V. Light and Herschel H. Friday for the Little Rock School District et al., and by William L. Taylor, Richard B. Sobol, and Joseph L. Rauh, Jr., for the United Negro College Fund, Inc., et al.


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

Petitioners in this case challenge as inadequate a school desegregation plan for Mobile County, Alabama. The county is large and populous, embracing 1,248 square miles and the city of Mobile. The school system had 73,500 pupils in 91 schools at the beginning of the 1969 academic year; approximately 58% of the pupils were white and 42% Negro. During the 1967-1968 school year, the system transported 22,000...

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