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DARVILLE v. DADE COUNTY SCHOOL BOARD

No. 73-1519.

497 F.2d 1002 (1974)

Shirley DARVILLE, Gloria Harding, Katie Delehanty, Individually, etc., et al., Plaintiffs-Appellants, v. DADE COUNTY SCHOOL BOARD, as an agency and subdivision of the State System of Public Education, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 1974.

Attorney(s) appearing for the Case

Rex Ryland, Jr., Philip Carlton, Jr., Miami, Fla., for plaintiffs-appellants.

Frank A. Howard, Jr., Thomas G. Spicer, Miami, Fla., for defendants-appellees.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This appeal presents the question of whether a school board, once a unitary school system is attained, may initiate pupil assignment plans requiring transportation to ensure the continued existence of the unitary system. The appellants, parents of school age children being assigned and the city of Hialeah, Florida, challenge a plan proposed by the Dade County School Board which was not court ordered and in fact went beyond the requirements...

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