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McNEAL v. TATE COUNTY SCHOOL DISTRICT

No. 74-2738.

508 F.2d 1017 (1975)

Kelly McNEAL et al., Plaintiffs-Appellants, v. TATE COUNTY SCHOOL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1975.

Attorney(s) appearing for the Case

Stanley L. Taylor, Oxford, Miss., Robert J. Kelly, Batesville, Miss., for plaintiffs-appellants.

Roy E. Johnson, Senatobia, Miss., Semmes Luckett, Clarksdale, Miss., Leon E. Hannaford, Senatobia, Miss., for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The Tate County School system enrolls 3,519 students (2,152 black; 1,367 white) in five schools. Upon court-ordered abolition of freedom of choice in August 1970, the system elected to make pupil assignments to schools in the system based upon residence in one of three zones for elementary and junior high school students, and upon residence in one of two zones for high school students. However, the district also retained a ten-year-old classroom...

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