Boykins v. BOARD OF EDUCATION OF CITY OF FAIRFIELD, ALA., 29785.
| Decision Date | 28 June 1971 |
| Docket Number | No. 29785.,29785. |
| Citation | 446 F.2d 973 |
| Parties | George Robert BOYKINS et al., Plaintiffs-Appellants, United States of America, Plaintiffs-Intervenors-Appellant, v. The BOARD OF EDUCATION OF the CITY OF FAIRFIELD, ALABAMA, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Demetrius C. Newton, Birmingham, Ala., Norman C. Amaker, Jack Greenberg, Norman Chachkin, New York City, for appellants.
Maurice Bishop, Birmingham, Ala., for appellees.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
Subsequent to the date of the district court's decree from which this appeal has been taken, the Supreme Court decided Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554. We think that the district court, because of its familiarity with local conditions, should have the first opportunity to determine whether the school desegregation plan the court approved for the Board of Education of the City of Fairfield, Alabama, complies with the principles established in the Swann decision.
We remand this cause therefore to the district court for it to determine forthwith the acceptability of the school board's student assignment plan. In making this determination the court should consider the feasibility and advantages of clustering schools or noncontiguous zoning. The district court should also consider whether the school board is in compliance with the Singleton requirements for faculty ratios and whether the location of a high school complex in a black neighborhood will tend to promote segregation as alleged by plaintiffs-appellants.
The case is remanded to the district court for further consideration.
Costs shall be divided between the parties.
The Clerk is directed to issue the mandate forthwith.
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Boykins v. Fairfield Board of Education
...complex in a black neighborhood will tend to promote segregation as alleged by plaintiffs-appellants. Boykins v. Bd. of Education of City of Fairfield, 5 Cir. 1971, 446 F.2d 973. On August 31, 1971, the district court held a hearing to consider this Court's mandate and two motions filed by ......
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Boykins v. Fairfield Board of Education
...Bd. of Ed., 421 F.2d 1330 (5th Cir. 1970); Boykins v. Fairfield Bd. of Ed., 429 F.2d 1234 (5th Cir. 1970); Boykins v. Fairfield Bd. of Ed., 446 F.2d 973 (5th Cir. 1971); Boykins v. Fairfield Bd. of Ed., 457 F.2d 1091 (5th Cir. 2 See the landmark panel and en banc opinions at 372 F.2d 836 (1......