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GAINES v. BOARD OF EDUCATION OF DOUGHERTY COUNTY, GEORGIA

No. 71-2579.

446 F.2d 907 (1971)

Shirley GAINES et al., Plaintiffs-Appellants, v. BOARD OF EDUCATION OF DOUGHERTY COUNTY, GEORGIA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 1971.

Attorney(s) appearing for the Case

C. B. King, Albany, Ga., Jack Greenberg, New York City, for plaintiffs-appellants.

Jesse W. Walters, Albany, Ga., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

The within matter is remanded to the district court with direction that the district court at once issue a rule nisi to defendants as to why the student assignment plan now on file prepared by the Department of Health, Education and Welfare should not be made the student assignment plan for the school system for the 1971-72 school term. (The HEW plan referred to is described in the brief of plaintiffs filed with this court in Gaines v. Dougherty County...

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