Opinion · Court of Appeals for the Fifth Circuit

Shirley Gaines v. Dougherty County Board of Education

442 F.2d 1344

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1971-06-07
Topic
general

*1345 SY THE COURT: The judgment of the district court as it relates to student assignment is vacated and the cause is remanded with direction that the district court require the school board forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklen-burg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, insofar as they relate to the issues presented in this case. The district court shall require the school boards to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, at 618-619. The mandate shall issue forthwith.

Citator

UpLaw has not yet analyzed Shirley Gaines v. Dougherty County Board of Education. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
GAINES v. DOUGHERTY COUNTY BOARD OF EDUCATION,442 F.2d 1344(5th Cir. 1971)
Shirley GAINES et al., Plaintiff-Appellants, v. DOUGHERTY COUNTY BOARD OF
EDUCATION et al., Defendant-Appellees.
No. 30290.
United States Court of Appeals, Fifth Circuit.
June 7, 1971.
Appeal from the United States District Court for the Middle District of Georgia; J. Robert Elliott, Judge.
C.B. King, Elliot Holden, Albany, Ga., Jack Greenberg, Charles S. Ralston, Henry M. Aronson, Norman J. Chachkin, James M. Nabrit, III, New York City, for appellants.

J.W. Walters, Albany, Ga., for appellees.
Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.Page 1345
BY THE COURT:

The judgment of the district court as it relates to student assignment is vacated and the cause is remanded with direction that the district court require the school board forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971,402 U.S. 1,91 S.Ct. 1267,28 L.Ed.2d 554, insofar as they relate to the issues presented in this case.

The district court shall require the school boards to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970,433 F.2d 611, at 618-619.

The mandate shall issue forthwith.

Vacated and remanded with direction.