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LEMON v. BOSSIER PARISH SCHOOL BD.

No. 77-1882.

566 F.2d 985 (1978)

Ura Bernard LEMON et al., Plaintiffs, United States of America, Plaintiff-Intervenor, Appellant, v. BOSSIER PARISH SCHOOL BOARD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1978.

Attorney(s) appearing for the Case

Donald E. Walter, U. S. Atty., D. H. Perkins, Jr., First Asst. U. S. Atty., Shreveport, La., Lloyd J. Parker, Jr., Frank D. Allen, Jr., John C. Hammock, Attys., Dept. of Justice, Washington, D. C., for plaintiff-intervenor-appellant.

Henry N. Brown, Jr., Dist. Atty., 26th Judicial Dist., Benton, La., for defendants-appellees.

Frank E. Brown, Jr., Jesse N. Stone, Jr., Shreveport, La., for other interested parties.

Drew S. Days, III, New York City, for Lemon et al.

S. P. Davis, Shreveport, La., for Bossier Citizenship et al.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

The sole issue presented in this case is whether the Bossier Parish School Board may continue to operate Butler Elementary School as an all-black school when there are three virtually all-white elementary schools within two miles of Butler. The district court denied a motion for supplemental relief filed by the United States asking that the school board be ordered to desegregate Butler, and the United States appeals. We reverse.

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