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UNITED STATES v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 1, TULSA COUNTY, OKLAHOMA

Nos. 71-1767, 71-1768.

492 F.2d 1189 (1974)

UNITED STATES of America, Plaintiff-Appellant, Aaron Lee Smith et al., Plaintiff-Intervenor-Appellants, v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 1, TULSA COUNTY, OKLAHOMA, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 29, 1974.

Attorney(s) appearing for the Case

Brian K. Landsberg, Dept. of Justice, Washington, D.C. (Nathan G. Graham, U. S. Atty., J. Stanley Pottinger, Asst. Atty. Gen., with him on the brief), for plaintiff-appellant.

Sylvia Drew, New York City, (Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, New York City, James O. Goodwin, Tulsa, Okl., and John W. Walker, Little Rock, Ark., with him on the brief), for plaintiff-intervenor-appellants.

David L. Fist, Tulsa, Okl., (C. H. Rosenstein, Tulsa, Okl., with him on the brief), for defendants-appellees.

Before LEWIS, Chief Judge and SETH and McWILLIAMS, Circuit Judges.

PER CURIAM.

This case reaches us after remand by the United States Supreme Court, 413 U.S. 916, 93 S.Ct. 3048, 37 L.Ed.2d 1038. The High Court by its order vacated this court's earlier judgment, 459 F.2d 720, and directed us to give the case further consideration in light of Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548. In accord with the mandate the case was again briefed...

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