Opinion · Court of Appeals for the Fifth Circuit

Aguinaldo Zamora v. New Braunfels Independent School District

519 F.2d 1084

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1975-09-05
Topic
bankruptcy

PER CURIAM: This case is controlled by three recent decisions of this Court: Morales v. Shannon, 5 Cir. 1975, 516 F.2d 411, United States v. Midland Independent School District, 5 Cir. 1975, 519 F.2d 60 and Tasby v. Estes, 5 Cir. 1975, 517 F.2d 92. The district court did not have the benefit of these cases which were decided long after the court’s judgment approving the desegregation plan for the New Braunsfel Independent School District (NBISD). .. .

Citator

UpLaw has not yet analyzed Aguinaldo Zamora v. New Braunfels Independent School District. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
ZAMORA v. NEW BRAUNFELS INDEPENDENT SCH. DIST,519 F.2d 1084(5th Cir. 1975)
AGUINALDO ZAMORA ET AL., PLAINTIFFS-APPELLANTS, v. NEW BRAUNFELS INDEPENDENT
SCHOOL DISTRICT ET AL., DEFENDANTS-APPELLEES.
No. 73-2999.
United States Court of Appeals, Fifth Circuit.
September 5, 1975.
Mario G. Obledo, Sanford J. Rosen, San Francisco, Cal., Ed Idar, Jr., John Serna, San Antonio, Tex., Jack Greenberg, Franklin E. White, New York City, Jim Heidelberg, San Antonio, Tex., for plaintiffs-appellants.

Terry S. Bickerton, J. Burleson Smith, San Antonio, Tex., for defendants-appellees.
Appeal from the United States District Court for the Western District of Texas,362 F. Supp. 552, Adrian A. Spears, Chief Judge.
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
PER CURIAM:
[1] This case is controlled by three recent decisions of this Court:Morales v. Shannon,5 Cir. 1975,516 F.2d 411,UnitedStates v. Midland Independent School District,5 Cir. 1975,519 F.2d 60andTasby v. Estes,5 Cir. 1975,517 F.2d 92. The district court did not have the benefit of these cases which were decided long after the court's judgment approving the desegregation plan for the New Braunsfel Independent School District (NBISD).

[2] The record demonstrates that the NBISD has a history of deliberately segregating Chicanos going back to 1910 when the first Mexican school was built. The existing isolation of Mexican-American students was a result of NBISD's long-standing segregatory intent.

[3] The judgment of the district court is reversed and the case is remanded for reconsideration in the light of the three recent decisions of this Court referred to in this opinion. The appropriate remedy should also be considered in light of the following cases:Keyes v. School District No. 1, Denver,Colorado,1973,413 U.S. 189,98 S.Ct. 2686,37 L.Ed.2d 548;United States v. Texas Education Agency, Austin IndependentSchool District,5 Cir. 1972,467 F.2d 848(motion for clarification denied 5 Cir. 1973,470 F.2d 1001);Cisneros v.Corpus Christi Independent School District,5 Cir. 1972,467 F.2d 142,cert. denied1973,413 U.S. 920,93 S.Ct. 3053,37 L.Ed.2d 1041, reh. denied 1973,414 U.S. 881,94 S.Ct. 31,38 L.Ed.2d 129. The district court should require the defendants to come forward as promptly as practicable with a constitutionally acceptable desegregation plan or fashion one of its own.

[4] The case is ordered reversed and remanded.