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UNITED STATES v. JEFFERSON COUNTY BOARD OF EDUCATION

Nos. 27444, 27445.

417 F.2d 834 (1969)

UNITED STATES of America, Plaintiff-Intervenor-Appellant, v. JEFFERSON COUNTY BOARD OF EDUCATION et al., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. The BOARD OF EDUCATION OF the CITY OF BESSEMER et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

June 26, 1969.

Attorney(s) appearing for the Case

Nos. 27,444, 27,445:

Macon L. Weaver, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., Lester N. Scall, Frank M. Dunbaugh, Robert T. Moore, Attys., U. S. Dept. of Justice, Washington, D. C., David H. Hood, Jr., Bessemer, Ala., U. W. Clemon, Oscar W. Adams, Jr., Birmingham, Ala., Norman C. Amaker, Jack Greenberg, New York City, Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Merle Loper, Atty., Dept. of Justice, Washington, D. C., for appellants.

Maurice F. Bishop, Birmingham, Ala., J. Howard McEniry, Jr., Bessemer, Ala., for appellees.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.

BELL, Circuit Judge:

These appeals contest the order of the district court denying further relief in the Bessemer and Jefferson County Board of Education school desegregation cases from the standpoint of requiring student assignments on a basis other than freedom of choice. The appeals also complain of the denial of relief with respect to school construction programs. In the case of Bessemer, plaintiffs sought to enjoin the construction of specific schools. We reverse...

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