OPINION
PER CURIAM:
It was not proper to dismiss this action on the ground stated by the district court, namely, that in view of that court's earlier ruling in Diaz v. San Jose Unified School District, No. C-71 2130 (January 11, 1971), "plaintiffs cannot make out any showing of de jure segregation by the school board."
The Diaz ruling was on a motion for a preliminary injunction, and was not a final determination...
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