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MONTGOMERY COUNTY BOARD OF EDUCATION v. CARR

No. 25865.

400 F.2d 1 (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.

Attorney(s) appearing for the Case

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

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

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

Rehearing Denied En Banc November 1, 1968. See 402 F.2d 782.

GEWIN, Circuit Judge:

The United States and appellees filed motions in the United States District Court for the Middle District of Alabama on August 17, 1967, and February 7, 1968, requesting the district court to require appellants to take further steps to eliminate the dual school system in Montgomery County, Alabama. Hearings were held on September 5, 1967 and...

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