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LEE v. MACON COUNTY BOARD OF EDUCATION

No. 30154.

448 F.2d 746 (1971)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor-Appellants, National Education Association, Inc., Plaintiff-Intervenor, v. MACON COUNTY BOARD OF EDUCATION et al., and Calhoun County School System, Defendant-Appellee, and City of Oxford School System, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing September 20, 1971.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., Robert Pressman, Atty., Dept. of Justice, Civil Rights Div., Washington, D. C., Solomon S. Seay, Jr., Montgomery, Ala., T. W. Thagard, Jr., Montgomery, Ala., for appellant.

H. R. Burnham, John R. Phillips, Anniston, Ala., for appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc September 20, 1971.

WISDOM, Circuit Judge:

This school desegregation case1 involves the student assignment provisions of the plan for desegregating the public schools in Calhoun County, Alabama. The United States, plaintiff-intervenor, appeals from that portion of the court's order which would have the effect of leaving approximately 45 percent of this small district's Negro students in two virtually...

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