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UNITED STATES v. BOARD OF EDUCATION OF WEBSTER CO., GA.

No. 29769.

431 F.2d 59 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. The BOARD OF EDUCATION OF WEBSTER COUNTY, GEORGIA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 7, 1970.

Attorney(s) appearing for the Case

William I. Schloth, U. S. Atty., Macon, Ga., Martin D. Buckley, Brian K. Landsberg, David L. Norman, David J. Gregory, Attys., Department of Justice, Civil Rights Div., Washington, D. C., Jerris Leonard, Asst. Atty. Gen., for appellant.

William E. Smith, Americus, Ga., for appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

In July, 1969 this court reversed the District Court's approval of a freedom of choice plan and remanded the case for further consideration in the light of supervening decisions of the Supreme Court and this court.1 On remand the School Board and HEW were unable to agree on a proposed desegregation plan, so each filed a proposed plan. Following an evidentiary hearing on February 25, 1970 the District Court approved...

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