BROWN v. BOARD OF EDUC. OF CITY OF BESSEMER

No. 86-7579.

808 F.2d 1445 (1987)

Doris Elaine BROWN and Delores Eloise Brown by Sam Brown, their father and next friend; Frazier McKinley Glover, Plaintiffs-Appellees, United States of America, Plaintiff-Intervenor, Appellee, Tony S. Cooper, on behalf of himself and others similarly situated, Plaintiff. v. THE BOARD OF EDUCATION OF the CITY OF BESSEMER; J. Howard McEniry, President of City Board of Education of Bessemer, Ala.; Dr. James O. Knuckles, Superintendent of Education of the City of Bessemer, Ala.; and Joe Terry, Charles A. Long, Jr., Rob Millsap, Jack Wischmyer, Edna Morton, and Richard Patterson, as members of the City of Bessemer Board of Education and their successors in office, Defendants, Jefferson County Board of Education and members Mrs. Mary Buckelew, Mr. Jim Hicks, Mrs. Robert W. Gwin, Jr., Bill Mewbourne, Dr. Kevin Walsh, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 2, 1987.


Attorney(s) appearing for the Case

Carl E. Johnson, Bishop, Colvin & Johnson, Frank Nelson Building, Birmingham, Ala., for defendants-appellants.

Joe L. Tucker, Jr., Holliman & Tucker, Bessemer, Ala., for plaintiffs-appellees.

William R. Yeomans, U.S. Dept. of Justice/Civil Rights Div., Appellate Section, Washington, D.C., for U.S.A.

Before RONEY, Chief Judge, EDMONDSON, Circuit Judge, TUTTLE, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

The Board of Education of Jefferson County, Alabama appeals an order by the United States District Court for the Northern District of Alabama granting extraordinary relief to the Board of Education of the City of Bessemer, Alabama. Because we find that the district court acted within its authority, we affirm.

FACTS

The City of Bessemer, Alabama ("Bessemer") lies within the limits of Jefferson County, Alabama. For several...

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