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UNITED STATES v. CHOCTAW COUNTY BOARD OF EDUCATION

No. 30793.

446 F.2d 57 (1971)

UNITED STATES of America, Plaintiff-Appellee, Danita HAMPTON et al., Plaintiff-Intervenor-Appellee, v. CHOCTAW COUNTY BOARD OF EDUCATION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 28, 1971.

Attorney(s) appearing for the Case

J. Edward Thornton, Mobile, Ala., John Christopher, Butler, Ala., for defendants-appellants.

Charles S. White-Spunner, Jr., U. S. Atty., Frankie Field Smith, Mobile, Ala., Brian K. Landsberg, John D. Leshy, U. S. Dept. of Justice, Washington, D. C., Lowell Johnston, Jack Greenberg, New York City, for plaintiffs-appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The judgment of the district court is affirmed but the cause is remanded with special instructions relating to the student assignment provisions of the judgment approving the school desegregation plan for the Choctaw County Board of Education. We have concluded that it is appropriate for the district court to consider whether the student assignment provisions of the plan comply with the principles established in the recent case of Swann v. Charlotte-Mecklenburg...

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