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YOUNGBLOOD v. BOARD OF PUBLIC INSTRUCTION OF BAY CTY.

No. 71-2263.

448 F.2d 770 (1971)

Jean Carolyn YOUNGBLOOD et al., Plaintiffs-Appellants, v. BOARD OF PUBLIC INSTRUCTION OF BAY COUNTY, Florida et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1971.

Attorney(s) appearing for the Case

Jack Greenberg, Norman J. Chachkin, Drew S. Days, III, New York City, Theodore R. Bowers, Panama City, Fla., for plaintiffs-appellants.

Martin Buckley, Dept. of Justice, Civil Rights Div., Washington, D. C., William H. Stafford, Jr., U. S. Atty., David L. Norman, Acting Asst. Atty. Gen., Brian K. Landsberg, Joseph B. Scott, Attys., U. S. Dept. of Justice, Washington, D. C., for the United States.

Julian Bennett, Panama City, Fla., Logue, Bennett & Williams, Panama City, Fla., for defendants-appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The District Court, sua sponte, dismissed this school integration case after making a finding that the school system was desegregated and unitary in nature. Plaintiffs-appellants urge on this appeal that the cause should not have been dismissed, but rather should be maintained on the inactive docket for the next three school years, during which time the school district would be required to file status reports on the state of desegregation in the school...

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