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DAVIS v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY

No. 29332 Summary Calendar.

430 F.2d 883 (1970)

Birdie Mae DAVIS et al., Plaintiffs-Appellants-Cross Appellees, and United States of America, Etc., Plaintiff-Intervenor-Appellants-Cross Appellees, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY et al., Defendants-Appellees-Cross Appellants, and Twila Frazier et al., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

Certiorari Granted October 6, 1970.

Attorney(s) appearing for the Case

Vernon Z. Crawford, Mobile, Ala., Jack Greenberg, New York City, for Birdie Mae Davis.

Jerris Leonard, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., C. S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., for the United States.

Abram L. Philips, Jr., George F. Wood, Samuel L. Stockman, Mobile, Ala., for appellees.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

Certiorari Granted October 6, 1970. See 91 S.Ct. 11.

BELL, Circuit Judge:

We consider again the effort to convert the Mobile County School System from dual to unitary status. This is the ninth appeal of the matter to this court.1 The system is now operating on a student assignment system fashioned by the district court after considering a school board plan of assignment, three separate...

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