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WEAVER v. BOARD OF PUBLIC INSTR. OF BREVARD CTY., FLA.

No. 71-3465.

467 F.2d 473 (1972)

Sylvester WEAVER et al., Plaintiffs-Appellants, v. BOARD OF PUBLIC INSTRUCTION OF BREVARD COUNTY, FLORIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 6, 1972.

Attorney(s) appearing for the Case

Jerome J. Bornstein, Orlando, Fla., Drew S. Days, III, Jack Greenberg, Norman J. Chachkin, New York City, for plaintiffs-appellants.

William C. Walker, Jr., Titusville, Fla., James H. Nance, Eau Gallie, Fla., for defendant-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The appellee School Board operates 67 schools in a system 90% white—10% black. Following a hearing conducted in August 1971 the District Court found the system to be unitary except for one school, Poinsett Elementary, located in the urban area of Cocoa, Florida. According to June, 1971 figures Poinsett was 96.97% black. The District Court required the Board to submit by September 15, 1971 a plan for the desegregation of Poinsett. The...

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