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BROWN v. BOARD OF EDUCATION OF CITY OF BESSEMER

Nos. 30608, 71-1203.

446 F.2d 75 (1971)

Doris Elaine BROWN et al., Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF the CITY OF BESSEMER et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 1971.

Attorney(s) appearing for the Case

David H. Hood, Jr., Bessemer, Ala., U. W. Clemon, Birmingham, Ala., Norman Amaker, New York City, for plaintiffs-appellants.

J. Howard McEniry, Bessemer, Ala., for School Board.

Jerris Leonard, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D. C., Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Brian K. Landsberg, Theodore J. Garrish, Civil Rights Div., Dept. of Justice, Washington, D. C., for the United States.

Before THORNBERRY, CLARK and INGRAHAM, 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 required the school board to implement a student and faculty assignment plan for the 1971-1972 school term which complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Singleton v. Jackson Municipal Separate School...

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