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BOYKINS v. BOARD OF EDUCATION OF CITY OF FAIRFIELD, ALA.

No. 29785.

446 F.2d 973 (1971)

George Robert BOYKINS et al., Plaintiffs-Appellants, United States of America, Plaintiffs-Intervenors-Appellant, v. The BOARD OF EDUCATION OF the CITY OF FAIRFIELD, ALABAMA, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1971.

Attorney(s) appearing for the Case

Demetrius C. Newton, Birmingham, Ala., Norman C. Amaker, Jack Greenberg, Norman Chachkin, New York City, for appellants.

Theodore J. Garrish, Justice Dept., Washington, D. C., for the United States, intervenor.

Maurice Bishop, Birmingham, Ala., for appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

Subsequent to the date of the district court's decree from which this appeal has been taken, the Supreme Court decided Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554. We think that the district court, because of its familiarity with local conditions, should have the first opportunity to determine whether the school desegregation plan the court approved for the Board of...

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