Opinion · United States Court of Appeals for the Sixth Circuit

NORTHCROSS v. BOARD OF ED. OF MEMPHIS CITY SCH., 489 F.2d 18 (6th Cir. 1973)

DEBORAH A. NORTHCROSS ET AL., PLAINTIFFS-APPELLANTS, v. Bd. OF EDUCATIONOF THE MEMPHIS CITY SCHOOLS ET AL., DEFENDANTS-APPELLEES, CITY OF MEMPHISAND WYETH CHANDLER, MAYOR OF MEMPHIS, ET AL., THIRD-PARTY & ADDEDDEFENDANTS, EXXON Corp. ET AL., ADDED DEFENDANTS., 489 F.2d 18 (6th Cir. 1973)

Type: Opinion
Court: United States Court of Appeals for the Sixth Circuit
Jurisdiction: Federal
Date: 1973-12-04
Topic: general

NORTHCROSS v. BOARD OF ED. OF MEMPHIS CITY SCH., 489 F.2d 18 (6th Cir. 1973) DEBORAH A. NORTHCROSS ET AL., PLAINTIFFS-APPELLANTS, v. BOARD OF EDUCATIONOF THE MEMPHIS CITY SCHOOLS ET AL., DEFENDANTS-APPELLEES, CITY OF MEMPHISAND WYETH CHANDLER, MAYOR OF MEMPHIS, ET AL., THIRD-PARTY AND ADDEDDEFENDANTS, EXXON CORPORATION ET AL., ADDED DEFENDANTS.

Citator

UpLaw has not yet analyzed NORTHCROSS v. BOARD OF ED. OF MEMPHIS CITY SCH., 489 F.2d 18 (6th Cir. 1973). The absence of a flag is not a finding that it is good law.

NORTHCROSS v. BOARD OF ED. OF MEMPHIS CITY SCH.,489 F.2d 18(6th Cir. 1973)

DEBORAH A. NORTHCROSS ET AL., PLAINTIFFS-APPELLANTS, v. BOARD OF EDUCATION

OF THE MEMPHIS CITY SCHOOLS ET AL., DEFENDANTS-APPELLEES, CITY OF MEMPHIS

AND WYETH CHANDLER, MAYOR OF MEMPHIS, ET AL., THIRD-PARTY AND ADDED

DEFENDANTS, EXXON CORPORATION ET AL., ADDED DEFENDANTS.

Nos. 73-1953, 73-1955.

United States Court of Appeals, Sixth Circuit.

December 4, 1973.

Norman J. Chachkin, New York City, and William E. Caldwell, Memphis, Tenn., for Deborah A. Northcross; Louis R. Lucas, Elijah Noel, Jr., Ratner, Sugarmon Lucas, Memphis, Tenn., Jack Greenberg, James M. Nabrit, III, New York City, on briefs.

Ernest G. Kelly, Jr., Evans, Petree, Cobb Edwards, Memphis, Tenn., for Bd. of Ed. of the Memphis City Schools.

Frierson M. Graves, Jr., City Atty., Memphis, Tenn., for City of Memphis, and others.

Appeal from the United States District Court for the Western District of Tennessee.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

[1] ORDER

[2] These appeals were consolidated for hearing with Cases Nos. 73-1667 and 73-1954,489 F.2d 15(and also with Case No. 73-1666,489 F.2d 19), and for further explanation of the factual background involved see the per curiam opinion filed therein this date and the earlier appeals arising out of the same general situation therein. At issue here is the validity of municipal action with motivation similar to that involved in Case No. 73-1666 and referred to in an order therein filed this date. The action herein considered is that of the City in failing to make an application of gasoline to the School Board required for the increased school bus operation under certain desegregation plans, and the District Judge concluded in effect that the City was guilty of obstructionist tactics with the intent to prevent integration of the schools. This appeal followed, and we affirm on the ground that the action of the District Court was essential to the accomplishment of a constitutionally required goal.Page 19

[3] For the reasons set forth in the order filed in Case No. 73-1666 this date, costs including an attorney's fee of $500 is hereby assessed against the City of Memphis.