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U.S. v. STATE OF LA.

No. 93-3061.

9 F.3d 1159 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF LOUISIANA, the Governor of Louisiana, the Louisiana Board of Regents, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and the Board of Trustees for State Colleges and Universities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 10, 1993.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen. of La., La. Dept. of Justice (argued), Paul R. Baier, Sp. Counsel to the Atty. Gen. (argued rebuttal), Thomas S. Halligan, E. Kay Kirkpatrick, Asst. Attys. Gen., W. Shelby McKenzie, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for defendants-appellants.

Trevor G. Bryan, Vincent P. Blanson, Bryan, Jupitor, Lewis & Blanson, New Orleans, LA, for So. Univ.

Margaret E. Woodword, New Orleans, LA, for Louisiana Bd. of Regents.

Robert A. Kutcher, Jan Marie Hayden, Bronfin & Heller, New Orleans, LA, for Board of Trustees/State Colleges & Univ.

Constance Koury, Sp. Counsel to the Governor, Baton Rouge, LA, for State of La.

Robert G. Pugh, Pugh & Pugh, Shreveport, LA, for State of La., etc.

Mark L. Gross, Jessica Dunsay Silver, Attys., Franz R. Marshall, Civ. Rights Div., Appellate Sec., Lavern M. Younger, Michael S. Maurer, Washington, DC, for plaintiffs-appellees.

Thomas N. Todd, Chicago, IL, amicus, for Grambling.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

The State of Louisiana and the four governing boards of its public colleges and universities ask that we reverse the summary judgment granted in this desegregation case, vacate the remedial order, and remand for trial. Because summary judgment was improperly granted, we vacate the remedial order, reverse the liability judgment, and remand.

I. BACKGROUND

In the civil rights era Louisiana repealed its school segregation laws...

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