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UNITED STATES v. BOARD OF ED., IND. S. D. NO. 1, TULSA CO., OKL.

Nos. 71-1767 and 71-1768.

459 F.2d 720 (1972)

UNITED STATES of America, Appellant, Aaron Lee Smith et al., Intervenor-Appellants, v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 1, TULSA COUNTY, OKLAHOMA, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 1972.

Attorney(s) appearing for the Case

David L. Norman, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D. C. (Brian K. Landsberg and Bernard H. Shapiro, Dept. of Justice, Washington, D. C., with him on the brief), for appellant.

Sylvia Drew, New York City (Jack Greenberg, James M. Nabritt, III, and Norman Chachkin, New York City, Goodwin, Waldo E. Jones, Sr., Tulsa, Okl., and John W. Walker, Little Rock, Ark., with her on the brief), for intervenor-appellants.

David L. Fist, Tulsa, Okl. (C. H. Rosenstein, Tulsa, Okl., with him on the brief), for appellees.

Before LEWIS, Chief Judge, and HILL and SETH, Circuit Judges.

LEWIS, Chief Judge.

This action to desegregate the public schools of Tulsa, Oklahoma was brought by the United States in July 1968 under section 407(a) of the 1964 Civil Rights Act, 42 U.S.C. § 2000c-6. The district court dismissed the complaint after a full trial on the merits and appeal was taken to this court. We concluded from the record in that appeal that the policies and practices of the defendant school district constituted a subtle but effective system...

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