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UNITED STATES v. MIDLAND INDEPENDENT SCHOOL DISTRICT

No. 30799.

443 F.2d 1180 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. MIDLAND INDEPENDENT SCHOOL DISTRICT and Dr. James H. Mailey, Superintendent, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1971.

Attorney(s) appearing for the Case

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Jerris Leonard, Asst. Atty. Gen., Brian Landsberg, Atty., David L. Norman, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D. C., for appellant.

Thornton Hardie, Jr., Midland, Tex., for appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The judgment of the district court as it relates to pupil assignment in the elementary schools of the Midland Independent School District is vacated. The case is remanded with the direction that the district court require the school board forthwith to constitute and implement a pupil assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1

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