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UNITED STATES v. STATE OF TEXAS

No. 71-1061.

447 F.2d 441 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF TEXAS et al., and Dr. J. W. Edgar, Commissioner of Education, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 9, 1971.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Texas, James C. McCoy, Asst. Atty. Gen., Pat Bailey, Atty., Austin, Tex., for defendants-appellants.

Roby Hadden, U. S. Atty., Tyler, Tex., Brian K. Landsberg, Alexandra Polyzoides, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

BY THE COURT:

The Order of November 24, 1970,1 is hereby affirmed. The Order of April 20, 1971,2 is hereby affirmed except that the District Court shall modify said Order as follows:

1. With respect to School Transportation, paragraph C(3) shall provide that in no event shall this paragraph be construed as requiring any fixed percentage of students of a minority group on a particular route or run.<...

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