ARCHIE v. ALABAMA INSTITUTE FOR DEAF AND BLIND

No. 25889.

395 F.2d 765 (1968)

Christine ARCHIE, by her mother and next friend, Mrs. Ada Archie, Appellant, v. The ALABAMA INSTITUTE FOR DEAF AND BLIND et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 31, 1968.


Attorney(s) appearing for the Case

Demetrius C. Newton, Birmingham, Ala., Jack Greenberg, Franklin E. White, New York City, for appellant.

Robert P. Bradley, Asst. Atty. Gen., Montgomery, Ala. MacDonald Gallion, Atty. Gen. State of Alabama, Philip H. Smith, Sp. Asst. Atty. Gen. State of Alabama, for appellees.

Edwin Yourman, Atty., Dept. of Health, Education and Welfare, Washington, D. C., Stephen J. Pollak, Asst. Atty. Gen., Nathan Lewin, Attorney, Department of Justice, Washington, D. C., St. John Barrett, Deputy General Counsel, Alexandra Polyzoides, Attorney, Department of Health, Education and Welfare, Washington, D. C., amici curiae.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.


TUTTLE, Circuit Judge:

This is an appeal from an order of the District Court for the Northern District of Alabama approving a plan of desegregation for the Alabama Institute for the Deaf and Blind at Talladega, Alabama, which plan provided for complete integration of the races as to part of the facilities of the Institute but left available a freedom of choice as to others.

The appellant contends that the plan did not adequately provide for the desegregation...

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