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JACKSON v. MARVELL SCHOOL DISTRICT NO. 22

Nos. 19746, 19797.

416 F.2d 380 (1969)

Earlis JACKSON, on Behalf of His Infant Children, Ceiners Jackson, Loretta Jackson, Claudette Jackson, Rita Jane Jackson and Earlis Jackson, Jr., Appellants, v. The MARVELL SCHOOL DISTRICT NO. 22, a Public Body Corporate; C. G. Cowsert, Superintendent of the Marvell School District No. 22; and the England Building and Material Company, a Corporation, Appellees. Ceiners JACKSON, Paulette Jackson, Claudette Jackson, Rita Jane Jackson, Earlis Jackson, Jr., and Luretta Jackson, Minors by Their Father and Next Friend, Earlis Jackson, et al., Appellants, v. The MARVELL SCHOOL DISTRICT NO. 22 and C. G. Cowsert, Superintendent of Schools, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 28, 1969.

Attorney(s) appearing for the Case

Norman J. Chachkin, New York City, for appellants; Jack Greenberg, New York City, John W. Walker and Burl C. Rotenberry, Little Rock, Ark., and George Howard, Jr., Pine Bluff, Ark., with him on the brief and reply brief.

Robert V. Light, Little Rock, Ark., for appellees; Herschel H. Friday and G. Ross Smith, Little Rock, Ark., and Charles B. Roscopf, Helena, Ark., with him on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES, BLACKMUN, GIBSON, LAY, HEANEY and BRIGHT, Circuit Judges, En Banc.

PER CURIAM.

The crucial question for decision in these consolidated cases is whether the appellees have discharged their responsibility "to achieve a system of determining admission to the public schools on a nonracial basis * * *." Brown v. Board of Education, 349 U.S. 294, 300-301, 75 S.Ct. 753, 756, 99 L.Ed. 1083 (1955) (Brown II); Green v. County School Board of New Kent County, 391 U.S. 430, 431...

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