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DAVIS v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY

Nos. 26886, 27491, 27260.

414 F.2d 609 (1969)

Birdie Mae DAVIS et al., Appellants-Cross Appellees, United States of America et al., Appellants-Cross Appellees, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY et al., Appellees-Cross Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 20, 1969.

Attorney(s) appearing for the Case

Vernol R. Jansen, Jr., U. S. Atty., Mobile, Ala., Stephen J. Pollak, Asst. Atty. Gen., Jerris Leonard, Asst. Attys. Gen., Frank M. Dunbaugh, Walter Gorman, David Bonderman, Attys., Dept. of Justice, Washington, D. C., David L. Norman, Deputy Asst. Atty. Gen., for appellants.

Jack Greenberg, Norman Amaker, Michael Davidson, New York City, Vernon Z. Crawford, Frankie Fields, Mobile, Ala., for appellants Birdie Mae Davis et al.

Abram L. Philips, Jr., Pierre Pelham, Palmer Pillans, George F. Wood, James D. Brooks, Mobile, Ala., for appellees.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District Judge.

PER CURIAM:

In No. 26,886 the District Court on July 29, 1968, entered an order formulating attendance zone lines for grades 1-8 in the city portion of the Mobile School System, adopted freedom of choice in the high school system, permitted transfer from a school into which a student was zoned if the student was in a racial minority of less than five percent, and continued a freedom of choice plan in the rural areas.

In Nos. 27,260 and 27,491 the District...

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