UNITED STATES of America, Plaintiff-Appellee,
Hearne Independent School District, Intervenor Plaintiff-Appellee,
v.
State of TEXAS; et al., Defendants,
State of Texas; Texas Education Agency, Defendants-Appellants,
v.
Mumford Independent School District, Intervenor Defendant-Appellant-Appellee,
PETE J., individually and in his capacity as Superintendent of Mumford Independent School District, Intervenor Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 24, 2006.
July 24, 2006.
Attorney(s) appearing for the Case
Sarah Elaine Harrington (argued), Dennis J. Dimsey, Deputy Chief, David Kevin Flynn, Edward G. Caspar, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for U.S.
Roger D. Hepworth (argued), Sue Melissa Lee, Henslee, Fowler, Hepworth & Schwartz, Austin, TX, for Hearne Ind. Sch. Dist.
David M. Feldmam (argued), Richard Alan Morris, Paul A. Lamp, Feldman & Rogers, Houston, TX, for Mumford Ind. Sch. Dist. and Pete J.
William C. Bednar, Jr., Law Office of William C. Bednar, Austin, TX, for Student Transfers Across Texas Inc., Amicus Curiae.
Roger L. Rice, Somerville, MA, Nina Perales, David G. Hinojosa, Mexican Am. Legal Defense and Educational Fund, San Antonio, TX, for LULAC and GI Forum, Amici Curiae.
Nancy Kathleen Juren, Asst. Atty. Gen., Austin, TX, for State of Texas and Texas Educ. Agency.
James C. Todd, Asst. Atty. Gen. (argued), Austin, TX, for Texas Educ. Agency.
Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Chief Judge:
This case arises out of student transfers from one rural Texas school district to another. Before and after the transfers, both districts had a majority of racial minority students.1 The United States and Hearne ISD, the Plaintiff district, contend that the transfers impermissibly impeded desegregation and violated a thirty-five-year-old desegregation decree against the Texas Education Agency. The district...
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