UNITED STATES v. MADISON COUNTY BOARD OF EDUCATION

Nos. 20668, 20772, 20811.

326 F.2d 237 (1964)

UNITED STATES of America, Appellant, v. MADISON COUNTY BOARD OF EDUCATION et al., Appellees. UNITED STATES of America, Appellant, v. GULFPORT MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Appellees. UNITED STATES of America, Appellant, v. BILOXI MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 10, 1964.


Attorney(s) appearing for the Case

No. 20668:

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Harold H. Greene, St. John Barrett, Alan G. Marer, Attys., Dept. of Justice, Burke Marshall, Asst. Atty. Gen., Washington, D. C., Alanson W. Willcox, Gen. Counsel, Harold W. Horowitz, Associate Gen. Counsel, Edwin H. Yourman, Asst. Gen. Counsel, Harry J. Chernock, Paula Aronowitz, Mordecai Johnson, Attys., Dept. of Health, Education and Welfare, Washington, D. C., of counsel, for appellant.

Reid B. Barnes, Birmingham, Ala., Ralph H. Ford, Joe L. Payne, Huntsville, Ala., R. L. Almon, Moulton, Ala., Ford, Caldwell, Ford & Payne, Huntsville, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellees.

No. 20772:

St. John Barrett, Atty., Dept. of Justice, Washington, D. C., Robert E. Hauberg, U. S. Atty., Jackson, Miss., Harold H. Greene, Atty., Dept. of Justice, Burke Marshall, Asst. Atty. Gen., Washington, D. C., for appellant.

Dugas Shands, Asst. Atty. Gen., of Mississippi, Jackson, Miss., Owen T. Palmer, Jr., Gulfport, Miss., Victor Boyd Pringle, Biloxi, Miss., Thomas H. Watkins, Jackson, Miss., for appellees.

No. 20811:

Harold H. Greene, St. John Barrett, Attys., Dept. of Justice, Burke Marshall, Asst. Atty. Gen., Washington, D. C., for appellant.

Victor B. Pringle, Biloxi, Miss., Thomas H. Watkins, Jackson, Miss., Peter M. Stockett, Jr., Sp. Asst. Atty. Gen. of Mississippi, Jackson, Miss., Owen T. Palmer, Jr., Gulfport, Miss., for appellees.

Before RIVES and CAMERON, Circuit Judges, and HUNTER, District Judge.


RIVES, Circuit Judge.

These three appeals, though briefed separately, were argued orally at the same time. Each is an appeal from a judgment dismissing a complaint filed by the United States. In each case the United States sought to enjoin the local school board in the operation of the public schools under its jurisdiction from segregating upon the basis of race or color the children of members and civilian employees of the Armed Services. The opinions of the district...

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