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HARVEST v. BOARD OF PUB. INSTN. MANATEE COUNTY, FLA.

No. 29425.

429 F.2d 414 (1970)

Caroline HARVEST et al., Plaintiffs-Appellees, v. BOARD OF PUBLIC INSTRUCTION MANATEE COUNTY, FLORIDA, et al., Defendants-Appellants-Cross Appellees, v. Jerome PRATT et al., Intervenors-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

June 26, 1970.

Attorney(s) appearing for the Case

David K. Deitrich, Robert L. Scott, Bradenton, Fla., for School Board.

Gerald Mager, Legal Counsel to the Governor, Tallahassee, Fla., for Claude R. Kirk, Jr., amicus curiae.

Jerome Pratt, pro se, and Earl M. Johnson, Jacksonville, Fla., for intervenors Pratt and others.

Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, Drew S. Days, III, New York City, for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and MORGAN and CLARK, Circuit Judges.

PER CURIAM:

The issue on this appeal is not whether the district court selected the best possible plan for unitizing the Manatee County School System but rather whether that court abused its discretion by adopting an unworkable plan or one based on an incorrect legal standard. See Carter v. West Feliciana Parish School Board, 396 U.S. 290, 292, 90 S.Ct. 608, 24 L.Ed.2d 477, 479 (1970) (concurring opinion of Mr. Justice Harlan). Expressed...

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