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UNITED STATES v. SEMINOLE CTY. SCH. DIST.

No. 76-2749.

553 F.2d 992 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. SEMINOLE COUNTY SCHOOL DISTRICT and John G. Angel, Superintendent of Schools, Seminole County School District, Florida, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 1977.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., Neal J. Tonken, Martin D. Buckley, Brian K. Landsberg, J. Stanley Pottinger, Asst. Atty. Gen., Civil Rights Division, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Douglas Stenstrom, Ned N. Julian, Jr., S. Joseph Davis, Jr., Sanford, Fla., for defendants-appellees.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

In this school case the Government seeks modification of a 1970 consent decree which has failed to achieve its projected results. More specifically at issue is an elementary school that has remained identifiably black, contrary to the expectations on which the consent decree was based. We find that the School Board's conduct since 1970 has not rendered its system unitary and that no cognizable barriers...

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