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BOARD OF PUBLIC INSTRUCTION OF DUVAL CTY., FLA. v. BRAXTON

No. 25479.

402 F.2d 900 (1968)

The BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY, FLORIDA, Appellant, v. Daly BRAXTON and Sharon Braxton, minors, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 29, 1968.

Attorney(s) appearing for the Case

Elliott Adams, Jacksonville, Fla., for appellant.

Leroy D. Clark, William L. Robinson, New York City, J. Harold Flannery, Atty., Dept. of Justice, Washington, D. C., for appellees.

Before WISDOM and COLEMAN, Circuit Judges, and RUBIN, District Judge.

WISDOM, Circuit Judge:

In United States v. Jefferson County Board of Education1 this Court, sitting en banc, gave a qualified approval to so-called "freedom of choice" plans for desegregating public schools. We noted that the "method has serious shortcomings" and suggested a decree to attempt to overcome these shortcomings.2 We pointed out that a freedom of choice plan is "[only] a means to an end".

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