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VALLEY v. RAPIDES PARISH SCHOOL BD.

No. 97-30323.

173 F.3d 944 (1999)

Virgie Lee VALLEY, et al. Plaintiffs, United States of America, Intervenor-Plaintiff-Appellee, v. RAPIDES PARISH SCHOOL BOARD, a corporation, Defendant-Appellee, v. Richard P. Ieyoub, Attorney General of the State of Louisiana, Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 1999.

Attorney(s) appearing for the Case

Gregory Bryan Friel, Appellate Section, Mark L. Gross, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for United States.

Robert L. Hammonds, Hammonds & Sills, Baton Rouge, LA, for Defendant-Appellee.

James Carl Hrdlicka, Baton Rouge, LA, Gina Puleio Campo, Bolinger & Walker, New Orleans, LA, for Ieyoub.

Before KING, Chief Judge, and WISDOM, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

WISDOM, Circuit Judge:

We are persuaded that this case should be remanded to the United States district court with instruction to grant promptly the request of the State of Louisiana for full opportunity to defend its creation of a new school district. On remand the district court will allow the State of Louisiana the opportunity to discharge its burden of demonstrating that its newly created district will not adversely impact the desegregation plan now in place in...

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