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PRICE v. DENISON INDEPENDENT SCHOOL DISTRICT BD. OF ED.

No. 21632.

348 F.2d 1010 (1965)

Donald PRICE and Melvin E. Price, Minors by their father and next friend, Jesse Price, et al., Appellants, v. The DENISON INDEPENDENT SCHOOL DISTRICT BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 2, 1965.

Attorney(s) appearing for the Case

Derrick A. Bell, Jr., New York City, Weldon H. Berry, Houston, Tex., Jack Greenberg, Inez V. Smith, New York City, for appellants.

Charles H. Gullett, Robert L. Doss, Joe C. Crawford, Denison, Tex., for appellees.

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

JOHN R. BROWN, Circuit Judge.

This appeal on behalf of Negro school children questions the District Court's decision sustaining the adequacy of the Denison, Texas grade-a-year, stair-step plan of desegregation1 voluntarily instituted, without threat of lawsuit, on June 23, 1963. For reasons set forth, we vacate the judgment and remand the case to enable the School Board to submit a substantially stepped-up plan under the guidance of the...

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