HEREFORD v. HUNTSVILLE BOARD OF EDUCATION

No. 74-3363.

504 F.2d 857 (1974)

Sonnie Wellington HEREFORD, IV, et al., Plaintiffs, United States of America, Plaintiff-Appellant, v. HUNTSVILLE BOARD OF EDUCATION et al., Defendants-Appellees,

United States Court of Appeals, Fifth Circuit.

November 20, 1974.


Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Mark Gross, Brian K. Landsberg, Civ. Rights Div., App. Section, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

James G. Harrison, Huntsville, Ala., amicus curiae, for Bailey, Thompson & University Park Association.

Joe L. Payne, Huntsville, Ala., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


BELL, Circuit Judge:

This appeal presents a tag end to the litigation involving the desegregation of the Huntsville school system. In 1974 we affirmed the approval by the district court of a plan of student assignment formulated by HEW. Hereford v. Huntsville Board of Education, 5 Cir., 1971, 448 F.2d 784. At that time plaintiffs and the Department of Justice sought to have an alternative HEW plan substituted with respect to the two...

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