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UNITED STATES v. GREENWOOD MUNICIPAL SEPARATE SCH. DIST.

No. 25714.

406 F.2d 1086 (1969)

UNITED STATES of America, Appellant, v. GREENWOOD MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Appellees. GREENWOOD MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 5, 1969.

Attorney(s) appearing for the Case

H. M. Ray, U. S. Atty., Oxford, Miss., Stephen J. Pollack, Asst. Atty. Gen., Nathan Lewin, Atty., Dept. of Justice, Washington, D. C., Dorothy Battle Rankin, Carol R. Aronoff, Attys., Department of Justice, Washington, D. C., for appellants.

Hardy Lott, of Lott, Sanders & Gwin, Greenwood, Miss., William A. Allain, Asst. Atty. Gen., Jackson, Miss., for appellees.

Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.

THORNBERRY, Circuit Judge:

At issue in this case is the school desegregation plan approved by the district court for the Greenwood Municipal Separate School District in Greenwood, Mississippi. Before evaluating the merits of the plan, we must pass on procedural questions raised by the distinguished counsel for the school district. First, he argues that the action should have been dismissed for the Government's refusal to produce any evidence to establish its right...

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