PITTS v. CHERRY

No. 78-3603 Summary Calendar.

598 F.2d 1005 (1979)

Willie Eugene PITTS et al., Plaintiffs-Appellants, v. Jim CHERRY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 1979.


Attorney(s) appearing for the Case

Roger Mills, Decatur, Ga., Donald Edwards, Atlanta, Ga., Jack Greenberg, Bill L. Lee, NAACP Legal Defense Fund, Inc., New York City, for plaintiffs-appellants.

Weekes, Candler, Sams & Weatherly, Gary M. Sams, Charles L. Weatherly, Decatur, Ga., for defendants-appellees.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.


PER CURIAM:

In this class action lawsuit parents of black school children challenge that portion of the district court's desegregation plan which does not require the DeKalb County school system to provide transportation for kindergarten children who elect to participate in the voluntary majority-to-minority transfer program. We have uniformly held that kindergarten children need not be included in desegregation plans and have further ruled that parents must arrange...

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