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UNITED STATES v. TEXAS EDUCATION AGENCY

No. 71-2508.

467 F.2d 848 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. TEXAS EDUCATION AGENCY et al. (Austin Independent School District), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 2, 1972.

Attorney(s) appearing for the Case

Joseph D. Rich, Atty., David L. Norman, Asst. Atty. Gen., Brian K. Landsberg, John D. Leshy, Attys., U. S. Dept. of Justice, Washington, D. C., Seagal Wheatley, U. S. Atty., San Antonio, Tex., Bruce Davis, Atty., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for the United States.

Sylvia Drew, New York City, Mario G. Obledo, John E. Serna, San Antonio, Tex., for intervenors Dedra Estell Overton and others.

James McCoy, Asst. Atty. Gen. of Tex., Austin, Tex., for Tex. Ed. Agency.

J. M. Patterson, Jr., Donald S. Thomas, Austin, Tex., for Austin Indept. School Dist.

Albert W. Alschuler, Mark Z. Levbarg, F. Patrick Hubbard, American Civil Liberties Union, Austin, Tex., amicus curiae.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

WISDOM, Circuit Judge, with whom JOHN R. BROWN, Chief Judge, and GEWIN, GOLDBERG, DYER, and SIMPSON, Circuit Judges, join:

Before 1954, the year Brown I1 was decided, and for some years thereafter the Austin Independent School District (AISD) segregated black and white school children. The law of the land, since Brown I and II, requires the conversion of a dual system into a unitary system. Every judge on this Court...

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