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MILLS v. POLK COUNTY BOARD OF PUBLIC INSTRUCTION

No. 77-2927.

575 F.2d 1146 (1978)

Herman Henry MILLS, Jr., etc., et al., Plaintiffs, United States of America, Plaintiff-Intervenor, Appellant, v. POLK COUNTY BOARD OF PUBLIC INSTRUCTION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 1978.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., James P. Turner, Deputy Asst. Atty. Gen., Teresa T. Milton, Thomas M. Keeling, Richard G. McBroom, Jr., Louie M. Stewart, Attys., John Hammock, Dept. of Justice, Civil Rights, Appellate, Frank Allen, Jr., Dept. of Justice, Washington, D. C., for plaintiff-intervenor, appellant.

Clarence Boswell, Jr., Dabney L. Conner, Bartow, Fla., for Polk Ed. Assn.

Larry R. Jackson, Lakeland, Fla., Earl M. Johnson, Jacksonville, Fla., Norris D. Woolfolk, III, Orlando, Fla., Jack Greenberg, William L. Robinson, New York City, for Mills et al.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

PER CURIAM:

The United States, intervenor in the action below, appeals a court order requiring defendant Polk County Board of Public Instruction to implement a desegregation plan that leaves unaffected the first and second grades of all-black Bethune elementary school. We find no justification for the exclusion of these grades from the plan and accordingly remand the case to the district court for modification of its order.

Bethune elementary school was established...

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