CALHOUN v. COOK

No. 73-2020.

487 F.2d 680 (1973)

Vivian CALHOUN et al., Plaintiffs-Appellants, v. Ed S. COOK et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 1973.


Attorney(s) appearing for the Case

Warren C. Fortson, Prentiss Q. Yancey, Jr., Thomas H. Ries, Benjamin W. Spaulding, Atlanta, Ga., for defendants-appellees.

Elizabeth R. Rindskopf, Howard Moore, Jr., Atlanta, Ga., Jack Greenberg, Norman J. Chachkin, James M. Nabrit, III, New York City, for Abernathy and others.

Nathaniel R. Jones, New York City, Bobby L. Hill, Atlanta, Ga., John H. Ruffin, Jr., Augusta, Ga., Samuel W. Tucker, Henry L. Marsh, III, Richmond, Va., John L. Kennedy, Atlanta, Ga., for Birt and others.

Margie Pitts Hames, Atlanta, Ga., for Armour and others.

Theo. W. Mitchell, Greenville, S. C., Charles S. Conley, Montgomery, Ala., Ernest L. Jones, New Orleans, La., for Congress of Racial Equality.

Before WISDOM, THORNBERRY and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Pursuant to this court's mandate of November 24, 1972, (469 F.2d 1067) the district court, 362 F.Supp. 1249, approved a plan for the operation of the Atlanta Public School System. The approval was granted under the provisions of Fed.R.Civ.P. 23(e) as a class action compromise order. The instant appeal asserts the following errors by the court below: (1) consideration of the...

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