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Johnson v. Jackson Parish School Board, Andrews v

JOHNSON Et Al., Appellants, v. JACKSON PARISH SCHOOL BOARD, Et Al., Appellees; ANDREWS Et Al., Appellants, v. CITY OF MONROE, Et Al., Appellees; BANKS Et Al., Appellants, v. CLAIBORNE PARISH SCHOOL BOARD, Et Al., Appellees; TAYLOR Et Al., Appellants, v. OUACHITA PARISH SCHOOL BOARD, Et Al., Appellees

Johnson v. Jackson Parish Sch. Bd., Andrews v, 420 F.2d 692 (5th Cir. 1970)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 26, 1970
Docket
No. 28712_1
Judges
Gewin, Goldberg, Dyer
Citations
420 F.2d 692

Opinion — Per Curiam

PER CURIAM:

These are appeals in four school desegregation cases. They are before us on appellants’ motions for summary reversal.

Notwithstanding the decision of the Supreme Court in Green v. County School Board of New Kent County, 1968, 391 U.S. 430 , 88 S.Ct. 1689 , 20 L.Ed.2d 716 , the District Court approved freedom of choice plans. We reversed in Hall v. St. Helena Parish School Board, 5 Cir. 1969, 417 F.2d 801 , and ordered the District Court to adopt plans for the complete elimination of the dual systems. Plans to do so were submitted by HEW on July 5, 1969. The District Court, however, approved plans proposed by the school boards which do not establish ra *693 cially unitary school systems. Appellants seek summary reversal.

Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19 , 90 S.Ct. 29 , 24 L.Ed.2d 19 ; United States v. Hinds County School Board, 5 Cir. 1969, 417 F.2d 852 , and Singleton v. Jackson Municipal Separate School System (and consolidated cases en banc), 5 Cir. 1969, 419 F.2d 1211 , mandate that “effective immediately * * * school districts * * * may no longer operate a dual school system based on race or color,” and that they must “begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color.”

We reverse and remand each of these cases for compliance with the requirements of Alexander v. Holmes County, and the terms, provisions and conditions (including the times specified) in Singleton, supra.

The mandate in this ease shall issue forthwith. No stay will be granted pending petition for rehearing or application for certiorari.

Reversed and remanded with directions.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

The judgment of the Supreme Court in Carter v. West Feliciana Parish, et al., 396 U.S. 290 , 90 S.Ct. 608 , 24 L.Ed. 2d 477 , opinion dated January 14, 1970, reversing the judgment of this court rendered sub nom. Singleton v. Jackson Municipal Separate School District et al., 419 F.2d 1211 , opinion dated December 1, 1969, with respect to the deferral of student desegregation beyond February 1, 1970 is made the judgment of this court. All other provisions of the order of this court in Singleton shall remain of full force and effect. The mandate of this court shall issue forthwith.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 41973: 119702026peak 1970 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Green v. Cnty. Sch. Bd. of New Kent Cnty., 391 U.S. 430 (1968) 1,012
Alexander v. Holmes Cnty. Bd. of Educ., 396 U.S. 19 (1969) 312
Carter v. West Feliciana Parish Sch. Bd., 396 U.S. 290 (1970) 184
United States v. Hinds Cnty. Sch. Bd., 417 F.2d 852 (5th Cir. 1969) 69
Hall v. St. Helena Parish Sch. Bd., 417 F.2d 801 (5th Cir. 1969) 65

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