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UNITED STATES v. GADSDEN CTY. SCH. DIST.

No. 76-3537.

572 F.2d 1049 (1978)

UNITED STATES of America, Plaintiff-Appellee, Robert Love and Michelle Boles, by her mother and next friend Alice Bryant, Interveners-Appellees, v. GADSDEN COUNTY SCHOOL DISTRICT et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 8, 1978.

Attorney(s) appearing for the Case

Brian T. Hayes, C. Graham Carothers, Tallahassee, Fla., for defendants-appellants.

Anita M. Marshall, Atty., Joseph D. Rich, Civ. Rights Div., U. S. Dept. of Justice, Ed. Sec., Washington, D.C., Kent Spriggs, Tallahassee, Fla., Jack Greenberg, James C. Gray, Jr., New York City, Nicholas P. Geeker, Acting U. S. Atty., Pensacola, Fla., Drew S. Days, III, J. Stanley Pottinger, Asst. Attys. Gen., Frank D. Allen, Jr., Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWN, Chief Judge, AINSWORTH and VANCE, Circuit Judges.

PER CURIAM:

The Gadsden County School Board, which has been operating under a court-imposed desegregation decree since 1970, appeals from an order of the District Court enjoining the use of ability grouping as a method of assigning students to particular classrooms in five elementary schools.1 We affirm the District Court.

The United States initiated this suit in 1970, seeking to eliminate the dual school system in Gadsden County...

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