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CALHOUN v. LATIMER

No. 20273.

321 F.2d 302 (1963)

Vivian CALHOUN et al., Infants, by Fred Calhoun, their father and next friend, et al., Appellants, v. A. C. LATIMER et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 16, 1963.

Attorney(s) appearing for the Case

Constance Baker Motley, New York City, E. E. Moore, Jr., Donald L. Hollowell, Atlanta, Ga., Jack Greenberg, New York City, for appellants; Norman Amaker, New York City, A. T. Walden, Atlanta, Ga., of counsel.

A. C. Latimer, J. C. Savage, Newell Edenfield, Atlanta, Ga., for appellees.

Before RIVES, LEWIS and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

I.

This appeal from an order denying a motion for further relief brings up for review, for the first time,1 the plan for the desegregation of the Atlanta school system. The plan was formulated pursuant to court order, and approved by the court on January 20, 1960. It became effective on May 1, 1961 for the school term 1961-62 beginning in September 1961. It was applied to the twelfth and eleventh...

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