ROSS v. ECKELS

Nos. 71-2347, 71-2926.

468 F.2d 649 (1972)

Delores ROSS, by her mother and next friend, Mary Alice Benjamin, Plaintiff, and United States of America, Plaintiff-Intervenor, and Narciso Rodriguez, Jr., a minor, by Josephine C. Rodriguez, his parent and next friend, et al., Plaintiffs-Intervenors-Appellants, v. Robert Y. ECKELS, as President of the Houston Independent School Board of Trustees, et al., Defendants-Appellees. Delores ROSS, etc., Plaintiff, and United States of America, Plaintiff-Intervenor, and Narciso Rodriguez, Jr., etc., et al., Plaintiffs-Intervenors, v. Robert Y. ECKLES, as President of the Houston Independent School Board of Trustees, et al., Defendants-Appellees, Robert I. Thompson, Jr., et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

September 6, 1972.


Attorney(s) appearing for the Case

Ben G. Levy, Houston, Tex., for appellants.

Abraham Ramirez, Jr., Houston, Tex., Ed Idar, Jr., Jim Heidelberg, John E. Serna, San Antonio, Tex., Conrad K. Harper, New York City, Mario Obledo, San Antonio, Tex., Brian K. Landsberg, Atty., Civil Rights Div., Dept. of Justice, Washington, D. C., Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for other interested parties.

Harry W. Patterson, Kelly Frels, William Key Wilde, Weldon H. Berry, Houston, Tex., Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, New York City, for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


BY THE COURT:

Pursuant to F.R.A.P. 3(b), the court sua sponte orders the above entitled appeals consolidated. Each appeal seeks to overturn an order of the district court refusing to allow intervention to its respective alleged class in a single school desegregation action involving the Houston (Texas) Independent School District.

I.

In No. 71-2347, an asserted class composed of Mexican-American citizens who reside throughout the Houston Independent...

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