HIGHTOWER v. McFARLAND

No. 22510.

355 F.2d 468 (1966)

Lewis Arthur HIGHTOWER, a Minor Child, by his parents and next friends, Ted R. Hightower and Verna L. Hightower, Appellant, v. J. W. McFARLAND et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 18, 1966.


Attorney(s) appearing for the Case

Clarke Gable Ward, Houston, Tex., for appellant.

Joe H. Reynolds, Stanley B. Binion, Houston, Tex., Bracewell, Reynolds & Patterson, Houston, Tex., of counsel, for appellees.

Before HUTCHESON and JONES, Circuit Judges, and DYER, District Judge.


HUTCHESON, Circuit Judge:

This is an appeal from an order of dismissal for lack of jurisdiction. We conclude that the district court improperly determined it is without jurisdiction to consider this controversy, and, therefore, we reverse and remand.

Appellant Hightower, a Negro student in the Houston Independent School District, instituted this suit against the District to compel his admission to an all-white public high school located in his neighborhood...

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