No. 75-1297.

514 F.2d 646 (1975)

Anthony T. LEE, et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae Appellant, National Education Association, Inc., Plaintiff-Intervenor, v. AUTAUGA COUNTY BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 27, 1975.

Attorney(s) appearing for the Case

Ira DeMent, U. S. Atty., Montgomery, Ala., Wm. B. Saxbe, Atty. Gen., Civ. Rights Div., U. S. Dept. of Justice, Richard F. Johnston, U. S. Dept. of Justice, Civ. Rights Div., Education Section, Brian K. Landsberg, William C. Graves, Dept. of Justice, Washington, D. C., for U. S.

Vaughan Hill Robison, David B. Byrne, Jr., Montgomery, Ala., for defendants-appellees.

Solomon S. Seay, Jr., Montgomery, Ala., for A. T. Lee & N.E.A.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


On July 3, 1974 the Autauga County (Alabama) Board of Education filed a petition requesting that the district court approve the acquisition of a parcel of land on which the Board proposed to construct a new high school. In its petition the Board alleged that its selection of the new high school site and the construction of a new facility was "educationally sound and in the best interest of all students, black and white in the Autauga County School System...

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