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UNITED STATES v. TEXAS EDUCATION AGENCY

No. 71-2508.

470 F.2d 1001 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. The TEXAS EDUCATION AGENCY et al. (Austin Independent School District), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 3, 1973.

Attorney(s) appearing for the Case

Joseph D. Rich, David L. Norman, Attys., U. S. Dept. of Justice, Washington, D. C., Seagal Wheatley, U. S. Atty., San Antonio, Tex., Bruce Davis, Brian K. Landsberg, Attys., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Sylvia Drew, New York City, Mario Obledo, John Serna, San Antonio, Tex., for intervenors Dedra Estell Overton, and others.

James McCoy, Asst. Atty. Gen. of Tex., Austin, Tex., for Tex. Ed. Agency.

J. M. Patterson, Jr., Donald S. Thomas, Austin, Tex., for Austin Indept. School Dist.

Albert W. Alschuler, Mark Z. Levbarg, Central Texas Chapter, American Civil Liberties Union, Austin, Tex., amicus curiae.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

BY THE COURT:

The motion of Overton et al., intervenors in the within matter, to clarify the mandate issued by this court on August 2, 1972, 467 F.2d 848, is denied.

WISDOM, Circuit Judge, with whom JOHN R. BROWN, Chief Judge, and GEWIN, GOLDBERG and SIMPSON, Circuit Judges join dissenting:

"[This case] is an example of how a reviewing court can pass the buck, give the school board a delay, and confuse the district...

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