ROSS v. DYER

No. 19912.

312 F.2d 191 (1962)

Delores ROSS, a Minor, by her Mother and Next Friend, Mary Alice Benjamin, et al., Appellants, v. Mrs. Frank DYER, as President of Board of Trustees of Houston Independent School District, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 25, 1963.


Attorney(s) appearing for the Case

Weldon H. Berry, Houston, Tex., for appellants.

Joe H. Reynolds, Houston, Tex., for appellees.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal presents the question whether under a court-imposed stair-step desegregation plan for the Houston schools, a long standing brother-sister rule may be used where its operative effect in many situations is to compel continued attendance at a racially segregated school. In effect the brother-sister rule prescribes that as to children in the elementary grades (1 through 6), a child must...

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