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LEE v. MACON COUNTY BOARD OF EDUCATION

No. 71-2963.

453 F.2d 1104 (1971)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor-Appellant, v. MACON COUNTY BOARD OF EDUCATION et al., Defendants, (Muscle Shoals School System), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 28, 1971.

Attorney(s) appearing for the Case

Solomon S. Seay, Jr., Montgomery, Ala., Wayman G. Sherrer, U. S. Atty., A. Lattimore Gaston, Asst. U. S. Atty., David L. Norman, Asst. Atty. Gen., Brian K. Landsberg, Thomas M. Keeling, Theodore J. Garrish, Perry T. Christison, Attys., Dept. of Justice, Washington, D. C., for appellant.

H. Jack Huddleston, Sheffield, Ala., for defendant-appellee.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

This is a case of faculty fallout in the wake of desegregating the school system of Muscle Shoals, Alabama. In such situations human aspirations are sometimes thwarted by tides of history. Though we may not levee the tides completely, we can log our journey leaving as few professional heartaches as possible.

Charles Carter was removed in 1967 as principal of an all-black school pursuant to a court desegregation order that required...

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