UNITED STATES v. STATE OF TEXAS, ETC.

No. 74-3942.

509 F.2d 192 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. The STATE OF TEXAS, ET AL. (SAN FELIPE DEL RIO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 19, 1975.


Attorney(s) appearing for the Case

J. Stanley Pottinger, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., William S. Sessions, U. S. Atty., San Antonio, Tex., John Hoyle, Civ. Rights Div., Brian K. Landsberg, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Jesus B. Ochoa, Jr., El Paso, Tex., Mike V. Gonsalez, Del Rio, Tex., Grant Cook, Houston, Tex., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


COLEMAN, Circuit Judge.

Acting sua sponte, the District Court dismissed this school desegregation case from its docket. The United States appeals. Because the dismissal was not in compliance with the standards prescribed by Youngblood v. Board of Public Instruction, 5 Cir. 1971, 448 F.2d 770 we vacate and remand.

The facts are not in dispute. In March, 1970, the United States commenced an action in the District Court...

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