175 S.E.2d 649 (Ga. 1970), 25703, Barresi v. Browne

Docket Nº:25703, 25704.
Citation:175 S.E.2d 649, 226 Ga. 456
Opinion Judge:UNDERCOFLER, Justice.
Party Name:Joseph BARRESI, Jr., et al. v. Broadus BROWNE, President of Clarke County Board of Education, et al. Broadus BROWNE, President of Clarke County Board of Education, et al. v. Joseph BARRESI, Jr., et al.
Attorney:[226 Ga. 461] Heard & Leverett, E. Freeman Leverett, Elberton, for appellant. Erwin, Epting, Gibson & Chilivis, Eugene A. Epting, Athens, for appellee.
Case Date:June 15, 1970
Court:Supreme Court of Georgia
 
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Page 649

175 S.E.2d 649 (Ga. 1970)

226 Ga. 456

Joseph BARRESI, Jr., et al.

v.

Broadus BROWNE, President of Clarke County Board of

Education, et al.

Broadus BROWNE, President of Clarke County Board of Education, et al.

v.

Joseph BARRESI, Jr., et al.

Nos. 25703, 25704.

Supreme Court of Georgia.

June 15, 1970

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 227 Ga. 702.

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 182 S.E.2d 449

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 402 U.S. 39

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 227 Ga. 702.

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 182 S.E.2d 449

Certiorari Granted Oct. 6, 1970. See 91 S.Ct. 10.

Page 650

[226 Ga. 461] Heard & Leverett, E. Freeman Leverett, Elberton, for appellant.

Erwin, Epting, Gibson & Chilivis, Eugene A. Epting, Athens, for appellee.

Syllabus Opinion by the Court

UNDERCOFLER, Justice.

This litigation involves the Clarke County Board of Education's pupil assignment plan for elementary schools for the 1969-70 school year. Appellants, white and Negro parents of elementary school children, contend that it should be enjoined as unconstitutional under the [226 Ga. 457] equal protection clause of the Fourteenth Amendment to the United States Constitution.

The main appeal is from the trial court's denial of the injunction. The cross appeal is from (1) the trial court's order restraining the board from serving free breakfasts under the Federal Child Nutrition Act (Pub.L. 89-642, Oct. 11, 1966, 80 Stat. 885, 42 U.S. C.A. Chapter 13A) in certain selected elementary schools unless similar breakfasts are served in all elementary schools, and (2) the trial court's order directing that a revised plan to desegregate the elementary schools be submitted by the board to the court before June 1, 1970.

The evidence shows: In 1968 the United States Department of Health, Education and Welfare notified the Clarke County Board of Education that a new plan for school desegregation would be required for the 1969-70 school year. On June 30, 1969 'H.E.W.' notified the board that the plan submitted 'is not considered adequate to meet the requirements of Title IV of the Civil Rights Act of 1964.' Pub.L. 88-352, Title IV, § 401, July 2, 1964, 78 Stat. 246, 42 U.S. C.A. § 2000c. Thereafter, on July 30, 1969 the board adopted the elementary school desegregation plan under attack here. In formulating the plan the board first determined that all thirteen elementary schools in Clarke County except two would be assigned a minimum of 20% and a maximum of 40% Negro pupils. This conformed to the racial balance of...

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