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UNITED STATES v. TEXAS EDUCATION AGENCY

No. 71-1100.

443 F.2d 1372 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. TEXAS EDUCATION AGENCY et al., Katy Independent School District, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 6, 1971.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Jerris Leonard, Asst. Atty. Gen., Joseph D. Rich, Atty., Civil Rights Div., Dept. of Justice, Washington, D. C., for appellant.

James McCoy, Austin, Tex., James S. Kelly, F. James Wunderlich, Grant Cook, Houston, Tex., for appellees.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

BY THE COURT:

The order of the district court under review is vacated and the cause is remanded with direction that the district court require the school board forthwith to reconsider the consent decree in the light of 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.

The district court...

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