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LEE v. LINDEN CITY SCHOOL SYSTEM

No. 78-2952.

617 F.2d 383 (1980)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor-Appellant, National Education Association, Inc., Plaintiff-Intervenor, v. LINDEN CITY SCHOOL SYSTEM et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 6, 1980.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Montgomery, Ala., William A. Kimbrough, U. S. Atty., Franz R. Marshall, Atty., Burtis M. Dougherty, Atty., Joshua P. Bogin, Atty., Walter W. Barnett, U. S. Dept. of Justice, Washington, D. C., for plaintiff-intervenor-appellant.

Lloyd, Dinning & Boggs, H. A. Lloyd, Demopolis, Ala., for defendants-appellees.

Before GODBOLD, TJOFLAT and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

This school desegregation case involves pupil assignment in the two elementary schools of the Linden, Alabama, city system. The district court found that pupil assignment was not invalid and did not violate the 1970 order of the court, as modified.1

Linden is a formerly segregated system. It has only two elementary schools, located approximately a mile apart. Linden Elementary is formerly all-white. Austin Elementary...

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