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McFERREN v. COUNTY BOARD OF ED. OF FAYETTE CO., TENN.

No. 71-1206.

455 F.2d 199 (1972)

John McFERREN, Jr., et al., Plaintiffs, and United States of America, Plaintiff-Intervenor, and Mrs. Mable C. Walker et al., Intervening Plaintiffs-Appellees, v. COUNTY BOARD OF EDUCATION OF FAYETTE COUNTY, TENNESSEE, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

January 28, 1972.

Attorney(s) appearing for the Case

Jerome Turner, Memphis, Tenn., Canada, Russell & Turner, Memphis, Tenn., of counsel, for appellant.

Norman J. Chachkin, New York City, and Avon N. Williams, Jr., Nashville, Tenn., Jack Greenberg, James M. Nabrit, III, Sylvia Drew, New York City, on brief, for appellees.

Thomas M. Keeling, Department of Justice, Washington, D. C., David L. Norman, Acting Asst. Atty. Gen., Brian K. Landsberg, Ben L. Krage, Paul F. Hancock, Attys., Department of Justice, Washington, D. C., Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., on brief, for United States.

Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant school board appeals from an order entered in the United States District Court for the Western District of Tennessee, Western Division, requiring it to rehire 13 discharged school teachers with back pay.

In this case an all white school board in a Tennessee County with 75% black population was required by federal court order to unify its previously unconstitutionally separated black and white school systems. One of its responses...

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