Opinion · Court of Appeals for the Fifth Circuit

United States v. Texas Education Agency and La Vega Independent School District

452 F.2d 1203

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-01-04
Topic
general

PER CURIAM: The district court failed to make findings of fact and conclusions of law with regard to the issue on appeal: Whether the La Vega Independent School District utilized nonraeial objective criteria in selecting staff members to be dismissed following the de-annexation of a portion of the La Vega Independent School District to the adjoining Waco Independent School District. See Singleton v. Jackson Municipal Separate School District, 5 Cir. 1969, 419 F.2d 1211, 1218. The judgment appealed from is ordered vacated. This cause is remanded with directions for the district court to make findings and conclusions as to whether or not the La Vega Independent School District utilized nonraeial objective criteria in the selection of staff members for dismissal.

Citator

UpLaw has not yet analyzed United States v. Texas Education Agency and La Vega Independent School District. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
UNITED STATES v. TEXAS EDUCATION AGENCY,452 F.2d 1203(5th Cir. 1972)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. TEXAS EDUCATION AGENCY AND
La VEGA INDEPENDENT SCHOOL DISTRICT, ET AL., DEFENDANTS-APPELLEES.
No. 71-3135.
United States Court of Appeals, Fifth Circuit.
January 4, 1972.
Brian K. Landsberg, Bruce E. Davis, Thomas M. Keeling, Attys., Dept. of Justice, Washington, D.C., Seagal V. Wheatley, U.S. Atty., San Antonio, Tex., William S. Sessions, U.S. Atty., David L. Norman, Asst. Atty. Gen., Washington, D.C., for plaintiff-appellant.

Tommy P. Herring, McClintock Herring, Waco, Tex., Peeler Williams, Jr., Minor L. Helm, Jr., Waco, Tex., Crawford Martin, Atty. Gen., State of Texas, Austin, Tex., Sleeper, Williams, Johnston, Helm Estes, Waco, Tex., for defendants-appellees.
Appeal from the United States District Court for the Western District of Texas.
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
PER CURIAM:
[1] The district court failed to make findings of fact and conclusions of law with regard to the issue on appeal: Whether the La Vega Independent School District utilized nonracial objective criteria in selecting staff members to be dismissed following the de-annexation of a portion of the La Vega Independent School District to the adjoining Waco Independent School District. See Singleton v. Jackson Municipal Separate School District, 5 Cir. 1969,419 F.2d 1211,1218. The judgment appealed from is ordered vacated. This cause is remanded with directions for the district court to make findings and conclusions as to whether or not the La Vega Independent School District utilized nonracial objective criteria in the selection of staff members for dismissal. Such findings and conclusions shall be returned to this Court within thirty (30) days for final decision on the question presented. Jurisdiction is retained during this limited remand for further proceedings below. See Gordon v. Jefferson Davis Parish School Board, 5 Cir.446 F.2d 266.

[2] Vacated and remanded with directions.Page 1204