476 F.2d 621 (10th Cir. 1973), 72-1555, United States v. Board of Ed., Independent School Dist. No. 1, Tulsa County, Oklahoma
|Docket Nº:||72-1555, 72-1789.|
|Citation:||476 F.2d 621|
|Party Name:||UNITED STATES of America, Plaintiff-Appellee, v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 1, TULSA COUNTY, OKLAHOMA, et al., Defendants-Appellants, Aaron Lee Smith et al., Intervenors-Appellees, Julie Wilkerson et al., Intervenors-Appellants.|
|Case Date:||April 10, 1973|
|Court:||United States Courts of Appeals, Court of Appeals for the Tenth Circuit|
John R. Scott, Atty., Dept. of Justice (David L. Norman, Asst. Atty. Gen., Brian K. Landsberg, Atty., Dept. of Justice, and Nathan G. Graham, U. S. Atty., on the brief), for plaintiff-appellee.
David L. Fist, Tulsa, Okl. (C. H. Rosenstein, Tulsa, Okl., on the brief), for Board of Education, Independent School District No. 1, Tulsa County, Oklahoma, and others, defendants-appellants.
Sylvia Drew, New York City (Jack Greenberg, James M. Nabrit, III, New York City, and James O. Goodwin, Tulsa, Okl., on the brief), for Aaron Lee Smith, and others, intervenors-appellees.
C. B. Savage, Tulsa, Okl., submitted on brief for Julie Wilkerson, and others, intervenors-appellants.
Before BREITENSTEIN and DOYLE, Circuit Judges, and KERR, District Judge.
BREITENSTEIN, Circuit Judge.
This is another chapter in the history of the desegregation of the Tulsa, Oklahoma, public schools. The background
and underlying facts are set out in our opinions in United States v. Board of Ed., Ind. S.D. No. 1, Tulsa Co., 10 Cir., 429 F.2d 1253, and 10 Cir., 459 F.2d 720. The only question now before us is whether the district court erred in denying the application of the Board of Education for a stay of an integration plan relating to certain elementary schools.
The trial court found that four of the Tulsa elementary schools were de jure segregated, and by a September 3, 1971, judgment ordered the school district to formulate a plan for the desegregation of these schools. We affirmed. See 459 F.2d 720. The Smith group of intervenors applied for certiorari on the question of whether other schools, determined to be de facto segregated, should also have been subject to the desegregation order. See 41 L.W. 3139. The certiorari application is still pending in the United States Supreme Court.
On November 15, 1971, the district submitted a desegregation plan which it proposed to implement for the 1972-73 school year. The plan called for the clustering and pairing of the affected black schools with predominately white schools. On December 27, 1971, the court...
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