UNITED STATES v. HINDS CTY. SCH. BD.

No. 76-4436.

560 F.2d 1188 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. HINDS COUNTY SCHOOL BOARD et al., Defendants, Clinton Municipal Separate School District, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 28, 1977.


Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., Jackson, Miss., Walter W. Barnett, Atty., Appellate Section, Civil Rights Div., Dept. of Justice, Mark Gross, Atty., Dept. of Justice, Burtis M. Dougherty, Jr., Atty., Education Section, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Robert C. Cannada, John M. Putnam, Jackson, Miss., for Hinds County School Bd.

John H. Fox, III, Jackson, Miss., for Clinton Municipal Separate School Dist. & City of Clinton.

Peter M. Stockett, Jr., Jackson, Miss., for State Ed. Finance Comm.

Walter R. Bridgforth, Yazoo City, Miss., for defendants-appellees.

Fred L. Banks, Jr., and Melvyn Leventhal, amicus curiae, N.A.A.C.P. Legal Defense and Educational Fund, Inc.

Before THORNBERRY, MORGAN, and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 28, 1977.

BY THE COURT:

The United States sought injunctive relief to dissolve the Clinton Municipal Separate School District (Clinton MSSD) and remerge it into the Hinds County School District (Hinds County SD). This appeal comes from an order of the district court denying that relief. In reaching its decision the district court did not use the proper standards to evaluate the effect of the independent existence...

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