STOUT v. UNITED STATES

Nos. 29886, 30387.

448 F.2d 403 (1971)

Linda STOUT, by her father and next friend Blevin Stout, Plaintiff-Appellant, v. UNITED STATES of America, Plaintiff-Intervenor. JEFFERSON COUNTY BOARD OF EDUCATION et al., Defendants-Appellees, v. BOARD OF EDUCATION FOR the CITY OF PLEASANT GROVE, Defendant-Intervenor.

United States Court of Appeals, Fifth Circuit.

July 6, 1971.


Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Norman Chachkin, Norman C. Amaker, New York City, Jerris Leonard, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Jerris Leonard, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D. C., Wayman G. Sherrer, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., Bishop & Carlton, Maurice F. Bishop, Birmingham, Ala., for defendants-appellees.

Thomas R. McEniry, Bessemer, Ala., for defendant-intervenor.

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 require the school board1 forthwith to implement a student assignment plan for the 1971-72 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), insofar as it relates...

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