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UNITED STATES v. LOVETT

No. 19601.

416 F.2d 386 (1969)

UNITED STATES of America, Appellant, v. Dale LOVETT, Norm Polk, Loyd McDougald and Jack Cornelius; Warren School District No. 1, James M. Hughes, Superintendent; John N. Scobey, Director; Charles A. Milton, Director; Gerald C. Sangster, Director; Weldon McWhirter, Director; and James Hurley, Director, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 31, 1969.

Attorney(s) appearing for the Case

Gary J. Greenberg, Atty., Dept. of Justice, Washington, D. C., for appellant; Jerris Leonard, Asst. Atty. Gen., and David L. Norman, Deputy Asst. Atty. Gen., Dept. of Justice, Washington, D. C., and Robert E. Johnson, U. S. Atty., Fort Smith, Ark., with him on the brief and reply brief.

G. Ross Smith, Little Rock, Ark., for appellees; Robert V. Light and Herschel H. Friday, Little Rock, 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.

District 1 is a School District in Warren, Arkansas, with some 1,400 white students and 900 Negro students. Notwithstanding Brown I, Brown II, and their progeny, it continued to operate a totally segregated school system through the 1964-65 school year. In order to maintain eligibility for federal funds, after the passage of the Civil Rights Act of 1964, see, Green v. County School Board of New Kent County, 391 U.S. 430<...

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