Carter v. West Feliciana Parish School Board George v. Davis Smith v. Concordia Parish School Board, No. 944

CourtUnited States Supreme Court
Writing for the CourtApplication to the Honorable Hugo L. Black; PER CURIAM
Citation90 S.Ct. 467,24 L.Ed.2d 382,396 U.S. 226
PartiesRobert CARTER et al. v. WEST FELICIANA PARISH SCHOOL BOARD. Sharon Lynne GEORGE et al. v. C. Walter DAVIS, President, East Feliciana Parish School Board. Irma J. SMITH, et al. v. CONCORDIA PARISH SCHOOL BOARD, United States of America
Docket NumberNo. 944
Decision Date13 December 1969

396 U.S. 226
90 S.Ct. 467
24 L.Ed.2d 382
Robert CARTER et al.

v.

WEST FELICIANA PARISH SCHOOL BOARD.

No. 944.
Sharon Lynne GEORGE et al.
v.

C. Walter DAVIS, President, East Feliciana Parish

School Board.
Irma J. SMITH, et al.
v.

CONCORDIA PARISH SCHOOL BOARD, United States of America.

Supreme Court of the United States

December 13, 1969

Richard B. Sobol, Murphy W. Bell, Robert F. Collins, Norman C. Amaker, and Melvyn Zarr, for petitioners.

Application to the Honorable Hugo L. Black, Circuit Justice for the Fifth Circuit, for a Temporary Injunctive Order.

See also 396 U.S. 996, 90 S.Ct. 496.

PER CURIAM.

This matter reaches the Court on an application presented to Mr. Justice Black, as Circuit Justice for the Fifth Circuit, seeking a temporary injunctive order and other relief; and it appearing that

1. Three cases were originally filed in 1965, seeking the desegregation of three Louisiana school districts.

2. Pursuant to orders of the District Courts, in July of this year the Office of Education of the United States Department of Health, Education, and Welfare prepared and submitted terminal desegregation plans for each of the districts here involved for the school year 1969-1970. These plans were rejected by the District Courts.

3. The District Courts' orders were reversed by the United States Court of Appeals for the Fifth Circuit

Page 227

sitting en banc, on December 1, 1969, subsequent to this Court's decision in Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 29. That court ordered respondent school boards and 13 other school boards to desegregate faculties completely and to adopt plans for conversion to unitary school systems by February 1, 1970, but authorized a delay in pupil desegregation until September 1970.

4. On December 10, 1969, petitioners filed in this Court a petition for a writ of certiorari, together with a motion to advance consideration of the petition and a motion for summary disposition, contending that the decision of the Court of Appeals is inconsistent with this Court's decision in Alexander v. Holmes County Board of Education, supra. The relief sought on the merits is the implementation of the Department of Health, Education, and Welfare plans for student assignment on or before February 1, 1970, simultaneous with the other steps ordered by the Court of Appeals.

5. Petitioners, by this application seek a temporary injunctive order

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60 practice notes
  • United States v. State of Tex., Civ. A. No. 5281.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • July 30, 1981
    ...Board of Ed., 399 U.S. 926, 90 S.Ct. 2247, 26 L.Ed.2d 791 (1971); Carter v. West Feliciana Parish Board, 396 U.S. 266, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969); Winston-Salem/Forsyth Board of Ed. v. Scott, 404 U.S. 1221, 92 S.Ct. 1236, 31 L.Ed.2d 441 (1971) (Burger, Ch.J., in chambers); and case......
  • Hunt v. Board of Fire Com'rs of Massapequa Fire Dist.
    • United States
    • United States State Supreme Court (New York)
    • November 29, 1971
    ...426 F.2d 908, cert. den. 400 U.S. 941, 91 S.Ct. 234, 27 L.Ed.2d 244; Raderman v. Kaine, 1 Cir., 411 F.2d 1102, cert. dsmd. 396 U.S. 976, 90 S.Ct. 467, 24 L.Ed.2d 447; Konn v. Laird, D.C., 323 F.Supp. 1; Krill v. Bauer, D.C., 314 F.Supp. 965; see Smith v. Resor, 1 Cir., 406 F.2d 141; Byrne v......
  • Johnson v. San Francisco Unified School District, No. C-70 1331.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 9, 1971
    ...v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed. 2d 19 (1969); Carter v. West Feliciana Parish School Board, 396 U.S. 226, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969); Keyes v. School District No. 1, 396 U.S. 1215, 90 S.Ct. 12, 24 L.Ed.2d 37 (Brennan, J.) (vacating stay). At ......
  • Bradley v. Milliken, Civ. A. No. 35257.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • June 14, 1972
    ...Education, 311 F.Supp. 265 (W.D.N.C.1970), aff'd, 402 U.S. 1, 91 S.Ct. 1267, 28 L. Ed.2d 554 (1971); Carter v. West Feliciano School Bd., 396 U.S. 226, 227-228, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969), 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 (1970); Acree v. County Board of Education, 458 F.......
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61 cases
  • United States v. State of Tex., Civ. A. No. 5281.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • July 30, 1981
    ...Board of Ed., 399 U.S. 926, 90 S.Ct. 2247, 26 L.Ed.2d 791 (1971); Carter v. West Feliciana Parish Board, 396 U.S. 266, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969); Winston-Salem/Forsyth Board of Ed. v. Scott, 404 U.S. 1221, 92 S.Ct. 1236, 31 L.Ed.2d 441 (1971) (Burger, Ch.J., in chambers); and case......
  • U.S. v. Allegheny-Ludlum Industries, Inc., ALLEGHENY-LUDLUM
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 18, 1975
    ...1689, 1695, 20 L.Ed.2d 716, 724 (1968); Singleton v. Jackson Municipal Separate School Dist., 5 Cir. 1969, 419 F.2d 1211 vacated in part, 396 U.S. 226, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969), rev'd in part, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477, cert. denied, 396 U.S. 1032, 90 S.Ct. 611-1......
  • Morgan v. Kerrigan, Nos. 75-1184
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • June 3, 1975
    ...in the middle of the school year, the Court vacated another stay entered by a court of appeals. Carter v. West Feliciana Parish Board, 396 U.S. 226, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969). See also Carter v. West Feliciana Parish School Board, 396 U.S. 290, 90 S.Ct. 608,24 L.Ed.2d 477 (1969). ......
  • Kelley v. Johnson, No. 74-1269
    • United States
    • United States Supreme Court
    • April 5, 1976
    ...cert. denied, 400 U.S. 941, 91 S.Ct. 234, 27 L.Ed.2d 244 (1970); Raderman v. Kaine, 411 F.2d 1102 (CA2), cert. dismissed, 396 U.S. 976, 90 S.Ct. 467, 24 L.Ed.2d 447 (1969). 3. 438 F.2d, at 1130. While it recognized the distinction between citizens and uniformed employees of police and fire ......
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