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UNITED STATES v. TEXAS EDUCATION AGENCY

No. 71-3135.

452 F.2d 1203 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. TEXAS EDUCATION AGENCY and La Vega Independent School District, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 4, 1972.

Attorney(s) appearing for the Case

Brian K. Landsberg, Bruce E. Davis, Thomas M. Keeling, Attys., Dept. of Justice, Washington, D. C., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., William S. Sessions, U. S. Atty., David L. Norman, Asst. Atty. Gen., Washington, D. C., for plaintiff-appellant.

Tommy P. Herring, McClintock & Herring, Waco, Tex., Peeler Williams, Jr., Minor L. Helm, Jr., Waco, Tex., Crawford Martin, Atty. Gen., State of Texas, Austin, Tex., Sleeper, Williams, Johnston, Helm & Estes, Waco, Tex., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM :

The district court failed to make findings of fact and conclusions of law with regard to the issue on appeal: Whether the La Vega Independent School District utilized nonracial objective criteria in selecting staff members to be dismissed following the de-annexation of a portion of the La Vega Independent School District to the adjoining Waco Independent School District. See Singleton v. Jackson Municipal Separate School District, 5 Cir. 1969,

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