UNITED STATES v. BOARD OF EDUCATION, I. S. D. NO. 1, T. C., O.

No. 338-69.

429 F.2d 1253 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 1, TULSA COUNTY, OKLAHOMA, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 8, 1970.


Attorney(s) appearing for the Case

J. Harold Flannery, Jr., Washington, D. C. (Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Lawrence McSoud, U. S. Atty., John A. Bleveans, Charles Quaintance, and Bernard Shapiro, U. S. Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

C. H. Rosenstein, Tulsa, Okl. (David L. Fist, Tulsa, Okl., was with him on the brief), for appellees.

Before LEWIS, Chief Judge, and HILL and SETH, Circuit Judges.


LEWIS, Chief Judge.

By this appeal, the United States challenges the dismissal of its complaint by the United States District Court for the Northern District of Oklahoma. The suit was initiated pursuant to section 407 of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-61 and the complaint alleged that the appellee School District had engaged in racial discrimination in its operation of the Tulsa schools, violative of the fourteenth...

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