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ARMSTEAD v. STARKVILLE MUNICIPAL SEPARATE SCHOOL DIST.

No. 71-2124.

461 F.2d 276 (1972)

Bernice ARMSTEAD et al., Plaintiffs-Appellees, v. STARKVILLE MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 1972.

Attorney(s) appearing for the Case

Thomas J. Tubb, Tubb & Stevens, West Point, Miss., A. F. Summer, Atty. Gen. of Miss., Jackson, Miss., William Q. McKee, Edward F. McDowell, McKee & McDowell, Starkville, Miss., for defendants-appellants.

Stephen J. Pollak, Richard M. Sharp, Washington, D. C., T. H. Freeland, III, Oxford, Miss., David Rubin, Deputy Gen. Counsel Nat. Education Assn., Shea & Gardner, Washington, D. C., of counsel, for plaintiffs-appellees.

Before RIVES, COLEMAN and DYER, Circuit Judges.

DYER, Circuit Judge:

Starkville Municipal Separate School District appeals from the district court's judgment, 325 F.Supp. 560, based upon findings that a test given to teachers to qualify for employment was not substantially related to the knowledge and skills required of primary and secondary school teachers and its use by Starkville was both unreasonable and discriminatory. We affirm in part and reverse in part.

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