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STOUT v. JEFFERSON COUNTY BD. OF ED.

No. 75-2978.

544 F.2d 1342 (1976)

Linda STOUT, by her father and next friend, Blevin Stout, et al., Plaintiffs-Appellees Cross Appellants, v. JEFFERSON COUNTY BOARD OF EDUCATION et al., Defendants-Appellees Cross Appellants, v. UNITED STATES of America, Intervenor-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1976.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Paul F. Hancock, Brian K. Landsberg, Ed. Section, Civil Rights Div., Dept. of Justice, J. Stanley Pottinger, Asst. Atty. Gen., William C. Graves, Atty., Appellate Section, Dept. of Justice, Washington, D. C., for appellant.

Maurice F. Bishop, Donald B. Sweeney, Jr., Birmingham, Ala., for Jefferson County Bd. of Ed.

Thomas R. McEniry, Bessemer, Ala., for Medfield Bd. of Ed.

U. W. Clemon, Birmingham, Ala., Norman Chachkin, Jack Greenberg, New York City, for other interested parties.

Before CLARK and GEE, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion August 10, 1976, 5 Cir., 1976, 537 F.2d 800).

GEE, Circuit Judge:

In its petition for rehearing, the United States asserts the existence of two factual inaccuracies in our opinion heretofore rendered.

The first is said to be found in the opinion's observation that "the United States does not seriously dispute that in Jefferson County...

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