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LEE v. MACON COUNTY BOARD OF EDUCATION

No. 71-3008.

463 F.2d 1174 (1972)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor, National Education Association, Inc., Plaintiff-Intervenor, Rev. F. N. Nixon et al., Plaintiffs-Intervenors-Appellants, v. MACON COUNTY BOARD OF EDUCATION et al., Defendants, Sumter County School System, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Theodore J. Garrish, Atty., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Jack Greenberg, New York City, for appellants.

Solomon S. Seay, Jr., Montgomery, Ala., for National Education Association, Inc.

Hubbard & Waldrop, Tuscaloosa, Ala., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

As the result of the Terminal Desegregation Plan for the Sumter County, Alabama, School System established by the original three-judge court (Circuit Judge Rives, District Judges Johnson and Grooms), some formerly 1-12 grade schools were reduced to 1-9 grade schools, and two schools, Livingston High and Sumter County High were changed to grades 10-12. Appellants, who are private plaintiffs-intervenors, contend that improper criteria were thereafter used...

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