DAVIS v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY

No. 78-1078.

616 F.2d 893 (1980)

Birdie Mae DAVIS et al., Plaintiffs, United States of America, Plaintiff-Intervenor, Edwin Foster and James Buskey, Plaintiffs-Intervenors-Appellants, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1980.


Attorney(s) appearing for the Case

J. U. Blacksher, Mobile, Ala., Jack Greenberg, Bill Lann Lee, New York City, Solomon S. Seay, Jr., Montgomery, Ala., for plaintiffs-intervenors-appellants.

Richard M. Sharp, Stephen J. Pollak, Washington, D. C., for amicus curiae.

Sintz, Pike, Campbell & Duke, Daniel A. Pike, Mobile, Ala., for defendants-appellees.

Before AINSWORTH, GODBOLD and HILL, Circuit Judges.


ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion August 6, 1979, 5 Cir., 1979, 600 F.2d 470)

PER CURIAM:

The motion for rehearing is granted. Part I of the panel opinion, 600 F.2d 470, is vacated. It appearing that neither appellants nor their proposed class were ever members of the plaintiff class in the underlying school case, and that appellants thus seek...

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