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UNITED STATES v. GADSDEN COUNTY SCHOOL DIST.

No. 75-4294.

539 F.2d 1369 (1976)

UNITED STATES of America, Plaintiff-Appellant, Robert Love et al., Plaintiffs-Intervenors, v. GADSDEN COUNTY SCHOOL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 6, 1976.

Attorney(s) appearing for the Case

J. Worth Owen, Asst. U. S. Atty., Pensacola, Fla., Walter W. Barnett, Atty., John C. Hammock, Anita Marshall, Brian K. Landsberg, Dept. of Justice (Civil Rights Division) Appellate Section, Washington, D. C., for plaintiff-appellant.

Richard J. Gardner, Quincy, Fla., C. Graham Carothers, Tallahassee, Fla., for defendants-appellees.

Kent Spriggs, Tallahassee, Fla., Jack Greenberg, James C. Gray, Jr., New York City, for plaintiffs-intervenors.

Before BROWN, Chief Judge, and MORGAN and GEE, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In 1975 the Gadsden County School District, with the authorization of the district court, closed Midway Elementary School. Clarence Bryant, Midway's black principal for five years,1 was transferred to the position of "assistant principal" of Havana Middle School. The United States, a party to the original desegregation suit in Gadsden County, charges that this transfer was a "demotion" within the meaning...

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