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MILLER v. BOARD OF EDUCATION OF GADSDEN, ALABAMA

Nos. 72-2582, 72-3274.

482 F.2d 1234 (1973)

Catherine Ann MILLER, a Minor, etc., et al., Plaintiffs-Appellants, United States of America, Intervenor, v. The BOARD OF EDUCATION OF GADSDEN, ALABAMA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 1973.

Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Johnny J. Butler, Norman Chachkin, Jack Greenberg, James M. Nabrit, III, New York City, Oscar W. Adams, Jr., Birmingham, Ala., Perry T. Christison, Andrew J. Ruzicho, Civil Rights, Dept. of Justice, Washington, D. C., Wayman Sherrer, U. S. Atty., Birmingham, Ala., for plaintiffs-appellants.

Robert H. King, Gadsden, Ala., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

BY THE COURT:

These cases are two of a spate of appeals occasioned by the decision of the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971). The present focus of our concern is the Board of Education of Gadsden, Alabama. The Gadsden district has been under court order since at least December 1963. In March of 1972 plaintiffs-appellants filed a motion for further relief...

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