TILLMAN v. BOARD OF PUBLIC INSTRUCTION OF VOLUSIA CO., FLA.

No. 29180.

430 F.2d 309 (1970)

Eugene C. TILLMAN, Jr., a minor, etc., et al., Plaintiffs-Appellees, v. The BOARD OF PUBLIC INSTRUCTION OF VOLUSIA COUNTY, FLORIDA, et al., Defendants-Appellants, The Honorable Claude R. Kirk, Jr., as Governor of the State of Florida, the State Board of Education of the State of Florida, and the Honorable William C. Cramer, a Member of Congress of the United States, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

July 21, 1970.


Attorney(s) appearing for the Case

Claude R. Kirk, Jr., Governor, Gerald Mager, Office of the Governor, Tallahassee, Fla., for intervenors-appellants.

William C. Cramer, Bill Chappell, Washington, D. C., amicus curiae.

Norman J. Chackin, Jack Greenberg, William Robinson, Drew Days, III, New York City, Earl M. Johnson, Jacksonville, Fla., Frank B. McGettrick, Acting Dir., Dept. of H. E. & W., Washington, D. C., for plaintiffs-appellees.

Rivers Buford, Jr., Gen. Counsel, State Bd. of Education, Tallahassee, Fla., for State Board of Education of Florida.

John B. Mattingly, De Land, Fla., Chester Bedell, Jacksonville, Fla., for Board of Public Instruction of Volusia County.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM.

This school desegregation case began on June 3, 1960, over ten years ago.1 In that space of time numerous hearings have been held concerning school integration in Volusia County, Florida. For the purpose of this appeal we start with the order of the District Court of August 19, 1969, in which it was requested that the Department of Health, Education and Welfare (HEW) study the Volusia County School situation and submit a proposed...

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