POTTS v. FLAX

No. 19639.

313 F.2d 284 (1963)

W. S. POTTS, President of the Board of Trustees of the Fort Worth Independent School District, et al., Appellants, v. Arlene FLAX, a Minor, by her Father and Next Friend, Weirleis Flax, Sr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 6, 1963.


Attorney(s) appearing for the Case

Cecil A. Morgan, David B. Owen, Fort Worth, Tex., for appellants.

L. Clifford Davis, Fort Worth, Tex., W. J. Durham, Dallas, Tex., James M. Nabrit, III, Jack Greenberg, Derrick A. Bell, Jr., New York City, for appellees.

Before BROWN and BELL, Circuit Judges, and SIMPSON, District Judge.


JOHN R. BROWN, Circuit Judge.

This is an appeal from an order of the District Court requiring that the Fort Worth Independent School District file within a prescribed time a plan for the desegregation of the Fort Worth Public Schools.1 Only one question of any real moment is presented, and that is the procedural one of whether this was shown to have been a class action. It is perhaps ironic that it arises in a context in which on the substantive...

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