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LEE v. MACON COUNTY BOARD OF EDUCATION

No. 71-2735.

455 F.2d 978 (1972)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae-Appellee, v. MACON COUNTY BOARD OF EDUCATION et al., Defendants, Oxford City Board of Education, Defendant-Appellant, Calhoun County Board of Education, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 1972.

Attorney(s) appearing for the Case

John R. Phillips, Anniston, Ala., for Oxford City Bd. of Educ.

H. R. Burnham, Burnham, Klinefelter, Halsey & Love, Anniston, Ala., for Calhoun County Bd. of Educ.

Theodore J. Garrish, Thomas M. Keeling, Education Section—Civil Rights Div., Dept. of Justice, Washington, D. C., Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Brian K. Landsberg, Dept. of Justice, Washington, D. C., David L. Norman, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., A. Lattimore Gaston, Asst. U. S. Atty., Michael A. Sterlacci, Atty., Dept. of Justice, Washington, D. C., for United States.

Solomon S. Seay, Jr., Montgomery, Ala., for the N. E. A.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Following this school-desegregation case's last appearance in this Court, Lee v. Macon County Board of Education, 5 Cir. 1971, 448 F.2d 746, the district court, believing that it had no choice in the matter under our opinion, ordered the pairing of public schools in the City of Oxford and the County of Calhoun, Alabama. The City of Oxford Board of Education appeals from that order.

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