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LEE v. MACON COUNTY BOARD OF EDUCATION

No. 30504.

443 F.2d 1367 (1971)

Anthony T. LEE et al., Plaintiffs-Appellants, United States of America, Plaintiff-Intervenor-Appellant, v. MACON COUNTY BOARD OF EDUCATION et al., Defendants, Marengo County Board of Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 1971.

Attorney(s) appearing for the Case

Charles S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., Robert Pressman, Atty., U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., Solomon S. Seay, Jr., Montgomery, Ala., Jack Greenberg, New York City, for appellants.

Gordon Madison, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., Hugh A. Lloyd, Demopolis, Ala., for appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

BY THE COURT:

The judgment of the District Court is vacated and the cause is remanded with direction that the District Court require the School Board forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, insofar as they relate to the issues presented in this case.

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