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ROSS v. UNITED STATES

No. 78-1576.

583 F.2d 712 (1978)

Delores ROSS et al., Plaintiffs-Cross-Defendants-Appellees, United States of America et al., Plaintiffs-Intervenors-Cross-Defendants-Appellees, v. HOUSTON INDEPENDENT SCHOOL DISTRICT et al., Defendants-Cross-Defendants-Appellees, v. WESTHEIMER INDEPENDENT SCHOOL DISTRICT et al., Defendants-Cross-Plaintiffs and Third Party Plaintiffs-Appellants, v. The COALITION TO PRESERVE HOUSTON and the Houston Independent School District et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1978.

Attorney(s) appearing for the Case

James E. Ross, Houston, Tex., for appellants.

Weldon H. Berry, Houston, Tex., for Ross, et al.

J. A. Canales, U. S. Atty., Houston, Tex., Griffin B. Bell, Atty. Gen., Frank D. Allen, Jr., John C. Hammock, Dept. of Justice, Civil Rights Div., Washington, D. C., for U. S. A.

Peter D. Roos, San Francisco, Cal., Abraham Ramirez, Jr., Houston, Tex., for Estrada, et al.

Lynn Taylor, Austin, Tex., for State of Texas.

William C. Bednar, Jr., Austin, Tex., for Texas Ed. Agency.

William Pannill, Houston, Tex., for Coalition to Preserve Houston, et al.

Bracewell & Patterson, William Key Wilde, Kelly Frels, Houston, Tex., for Houston Independent School Dist., et al.

Grant Cook, Houston, Tex., for Spring Br. Ind. School Dist.

Jay D. Howell, Jr., Houston, Tex., for City of Houston.

Betsey Rice Coleman, Houston, Tex., for League of Women Voters.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The principal issue in the present appeal of the Houston, Texas public school desegregation case is whether the district court correctly held that the fourteenth amendment prohibits the partition of the school district while it remains in the process of desegregation.1

The Westheimer area of Houston is an affluent residential and commercial section on the city's western edge. In the fall of 1971, some...

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