UNITED STATES v. BOARD OF EDUCATION OF CITY OF BESSEMER

Nos. 25809-25811.

396 F.2d 44 (1968)

UNITED STATES of America and Doris Elaine Brown, et al., Appellants, v. The BOARD OF EDUCATION OF the CITY OF BESSEMER et al., Appellees. UNITED STATES of America and Dwight Armstrong, et al., Appellants, v. BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, JEFFERSON COUNTY, ALABAMA, et al., Appellees. UNITED STATES of America and Linda Stout, by her father and Next Friend, Blevin Stout, Appellants, v. JEFFERSON COUNTY BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 3, 1968.


Attorney(s) appearing for the Case

Stephen J. Pollak, Asst. Atty. Gen., Macon L. Weaver, U. S. Atty., Frank M. Dunbaugh, Kenneth L. Johnson, Walter Gorman, Attys., Department of Justice, Washington, D. C., for the U. S. No. 25809: David H. Hood, Jr., Bessemer, Oscar W. Adams, Jr., Harvey M. Burg, Birmingham, Norman C. Amaker, Charles H. Jones, Jr., New York City, Macon L. Weaver, U. S. Atty., Birmingham, Nathan Lewin, Atty., Dept. of Justice, Washington, D. C., for appellants.

Gorden Madison, Asst. Atty. Gen., Montgomery, Reid B. Barnes, Birmingham, J. Howard McEniry, Jr., Bessemer, for appellees.

No. 25810: Macon L. Weaver, U. S. Atty., Birmingham, Ala., Charles H. Jones, Jr., New York City, Kenneth L. Johnson, Nathan Lewin, Attys., Dept. of Justice, Washington, D. C., for appellants.

Reid B. Barnes, Birmingham, Ala., for appellees.

No. 25811; Macon L. Weaver, U. S. Atty., Birmingham, Ala., Nathan Lewin, Atty., Dept. of Justice, Washington, D. C., Norman C. Amaker, Charles H. Jones, Jr., New York City, Harvey M. Burg, Oscar W. Adams, Jr., Birmingham, Ala., for appellants.

Maurice F. Bishop, Reid B. Barnes, Birmingham, Ala., for appellees.

Before BROWN, Chief Judge, DYER, Circuit Judge and GARZA, District Judge.


JOHN R. BROWN, Chief Judge:

The issue here is to determine what the School Boards1 are required to do in desegregating their respective faculties.2

In the spring of 1967 the Court below entered decrees against the School Boards in exact conformity with our model decree as set forth just shortly before in Jefferson,3 including the provisions for faculty integration...

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