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LEE v. DEMOPOLIS CITY SCH. SYSTEM

No. 77-1233.

557 F.2d 1053 (1977)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor-Appellant, National Education Association, Inc., Plaintiff-Intervenor, v. DEMOPOLIS CITY SCHOOL SYSTEM et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 4, 1977.

Attorney(s) appearing for the Case

Charles S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., J. Stanley Pottinger, Asst. Atty. Gen., Thomas M. Keeling, Franz Marshall, Burtis M. Dougherty, Jr., Attys., Dept. of Justice, Washington, D. C., for plaintiffs.

H. A. Lloyd, Demopolis, Ala., for defendants-appellees.

Solomon S. Seay, Jr., Montgomery, Ala., for N. E. A.

Before BROWN, Chief Judge, and MORGAN and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 4, 1977.

GEE, Circuit Judge:

Demopolis is a medium-sized town in Western Alabama which, until 1969, operated a dual school system. As a result of a court-ordered desegregation plan, all students in grades 7-12 were assigned to one junior and one senior high school. These higher grades have operated since on a desegregated basis. There had, before the order, been three all-white schools and one all-black one which...

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