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FLAX v. POTTS

No. 88-1188.

864 F.2d 1157 (1989)

Arlene FLAX, Etc., et al., Plaintiffs-Appellants, v. W.S. POTTS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 1989.

Attorney(s) appearing for the Case

Leon Haley, Jr., Fort Worth, Tex., for plaintiffs-appellants.

David Owen, Quillin, Owen & Thompson, Fort Worth, Tex., for Ft. Worth Independent School Dist.

Marie K. McElderry, David K. Flynn, Washington, D.C., for amicus curiae, U.S.

Before WILLIAMS, HIGGINBOTHAM and SMITH, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

In this appeal we must evaluate the circumstances under which a desegregation plan may be altered to eliminate busing in a school district which has not been declared unitary but which has operated an approved desegregation plan effectively for a number of years. Specifically, plaintiffs appeal a district court's decision that modified the Fort Worth Independent School District's (FWISD...

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