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CARTER v. WEST FELICIANA PARISH SCHOOL BOARD

No. 29745.

432 F.2d 875 (1970)

Robert CARTER et al., Plaintiffs-Appellants, v. WEST FELICIANA PARISH SCHOOL BOARD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 25, 1970.

Attorney(s) appearing for the Case

Murphy W. Bell, Baton Rouge, La., for plaintiffs-appellants.

Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Baton Rouge, La., Fred C. Jackson, Asst. Dist. Atty., Twentieth Judicial Dist. Court, St. Francisville, La., Richard H. Kilbourne, Dist. Atty., Clinton, La., for defendants-appellees.

Stephen J. Pollak, Anthony A. Lapham, Kenneth L. Penegar, David Rubin, Washington, D. C., for amicus curiae, The National Education Assn.; Shea & Gardner, Washington, D. C., of counsel.

Gerald J. Gallinghouse, U. S. Atty., Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Brian K. Landsberg, David D. Gregory, Attys., Civil Rights Division, U. S. Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Our opinion of August 14, 1970 is withdrawn and the following is substituted:

This school desegregation suit involving a small rural Louisiana parish was commenced July 22, 1965, resulting in the adoption of a Jefferson-model1 freedom of choice decree in August 1967. Freedom of choice was held to be an unacceptable basis for student assignments in West Feliciana Parish as one of the cases consolidated

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