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MONTGOMERY COUNTY BOARD OF EDUCATION v. CARR

No. 25865.

402 F.2d 782 (1968)

MONTGOMERY COUNTY BOARD OF EDUCATION et al., Appellants, v. Arlam CARR, Jr., a minor, by Arlam Carr, and Johnnie Carr, his parents and next friends, et al., Appellees. UNITED STATES of America, Appellant, v. MONTGOMERY COUNTY BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 1, 1968.

Certiorari Granted March 3, 1969.

Attorney(s) appearing for the Case

V. H. Robison, Joseph Phelps, Montgomery, Ala., for appellants.

Frank D. Allen, Jr., Nathan Lewin, Attys., Dept. of Justice, Washington, D. C., Fred D. Gray, Montgomery, Ala., Charles Jones, Jr., New York City, for appellees.

Before GEWIN and THORNBERRY, Circuit Judges, and ELLIOTT, District Judge.

Rehearing En Banc Denied November 1, 1968.

Certiorari Granted March 3, 1969. See 89 S.Ct. 989.

THORNBERRY, Circuit Judge (dissenting):

The imposition of a specific ratio for each school as the ultimate objective of faculty integration is a new step for this Circuit, but it represents the considered judgment of a district judge who was familiar with the Montgomery schools, had heard testimony, and was making an honest effort to advance the conversion...

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