UNITED STATES v. STATE OF TEXAS

No. 74-3657.

508 F.2d 98 (1975)

UNITED STATES of America, Plaintiff, Wilmer-Hutchins Independent School District et al., Plaintiffs-Intervenors-Appellees, v. STATE OF TEXAS et al., Defendants, City of Wilmer, Texas, Defendant-Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 19, 1975.


Attorney(s) appearing for the Case

A. Joe Fish, William A. McKenzie, Dallas, Tex., for appellant.

Jerry F. McCarty, Billy J. Moore, Ennis, Tex., for appellees.

John L. Hill, Atty. Gen., Roland Allen, Asst. Atty. Gen., Austin, Tex., for State of Texas.

Samuel Flanagan, Joe Rich, U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., for United States.

Sylvia M. Demarest, Dallas Legal Services, Dallas, Tex., for Tasby, and others.

Edward B. Cloutman, III, Dallas, Tex., for other interested parties.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


DYER, Circuit Judge:

The Wilmer-Hutchins Independent School District (WHISD) is a political entity whose territory includes the City of Hutchins, the City of Wilmer and a substantial area in the City of Dallas. Most of the white students live in the southern part of the district, primarily in Wilmer and Hutchins, while the black majority lives in the northern part of the district, primarily in the Dallas area. The boundary of the district has not changed since 1927...

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