East Baton Rouge Parish School Board v. Davis
| Citation | 287 F.2d 380 |
| Decision Date | 13 April 1961 |
| Docket Number | No. 18524.,18524. |
| Parties | EAST BATON ROUGE PARISH SCHOOL BOARD and Lloyd Funchess, Superintendent of Said School Board, Appellant, v. Clifford Eugene DAVIS, Jr., a minor by his father and next friend, Clifford Eugene Davis, Sr., et al., Appellees. Robert O. McCRAINE, Jr., et al., Appellants, v. Clifford Eugene DAVIS, Jr., a minor by his father and next friend, Clifford Eugene Davis, Sr., et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
J. Y. Sanders, Jr., J. St. Clair Favrot, Dist. Atty., Baton Rouge, La., William P. Schuler, Asst. Atty. Gen., of La., Wade H. Heaton, Sargent Pitcher, Jr., Dist. Atty., Ralph L. Roy, Jack P. F. Gremillion, Baton Rouge, La., Carroll Buck, Amite, La., John F. Ward, Jr., Asst. Dist. Atty., Baton Rouge, La., for appellants.
A. P. Tureaud, New Orleans, La., Constance Baker Motley, New York City, A. M. Trudeau, Jr., Ernest N. Morial, New Orleans, La., Thurgood Marshall, New York City, for appellees.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MIZE, District Judge.
Most of the questions raised by this appeal have been disposed of adversely to the appellants in the companion case of St. Helena Parish School Board et al. v. Hall et al., 5 Cir., 287 F.2d 376. The contentions, (1) that this action is a suit against the State, and (2) that it fails to state a cause of action because the State of Louisiana has adopted a pupil placement law, are fully dealt with there, as they have been previously. There is no profit in belaboring them further.
The same may be said as to the appeal of the intervenor whose petition to intervene as the parent of white children was denied by the trial court.
Here, too, the appellants contend that the posture of the case was such that the motion for summary judgment, which was granted at the same time as that in the St. Helena case, was not appropriate because there were fact issues that required a full trial. Not only is this contention answered by the undisputed fact that the defendant was continuing to operate the schools of its parish in accordance with the state laws then on the statute books, which required racially segregated schools, but here there was the following testimony of the parish school superintendent:
It being undisputed that the defendant board was operating its schools on a racially segregated basis and was requiring all students of each race to attend schools separately maintained for that race ...
To continue reading
Request your trial
-
Hall v. St. Helena Parish School Board
...of the Baton Rouge public schools and five state trade schools were also affirmed on February 9, 1961. East Baton Rouge Parish School Board v. Davis, 5 Cir., 287 F.2d 380; Louisiana State Board of Education v. Allen, 5 Cir., 287 F.2d 32; Louisiana State Board of Education v. Angel, 5 Cir., ......
-
U.S. v. Lawrence County School Dist., 86-4047
...School Bd., 570 F.2d 1260 (5th Cir.1978), cert. denied, 439 U.S. 1114, 99 S.Ct. 1016, 59 L.Ed.2d 72 (1979); East Baton Rouge School Bd. v. Davis, 287 F.2d 380 (5th Cir.), cert. denied, 368 U.S. 831, 82 S.Ct. 54, 7 L.Ed.2d 34 (1961).35 648 F.2d at 968 n. 10 (emphasis added).36 Swann v. Charl......
-
Davis v. East Baton Rouge Parish School Board, s. 80-3922
...School Board, 570 F.2d 1260 (5th Cir.1978), cert. denied, 439 U.S. 1114, 99 S.Ct. 1016, 59 L.Ed.2d 72 (1979); East Baton Rouge Parish School Board v. Davis, 287 F.2d 380 (5th Cir.), cert. denied, 368 U.S. 831, 82 S.Ct. 54, 7 L.Ed.2d 34 In 1970, acting pursuant to court order, the Board resp......
-
Davis v. East Baton Rouge Parish Sch. Bd., Civ. A. No. 1662-A.
...history of the case may be found in these reported decisions: 214 F.Supp. 624 (E.D.La.1963); 219 F.Supp. 876 (E.D.La. 1963); 287 F.2d 380 (5th Cir. 1961), writ denied, 368 U.S. 831, 82 S.Ct. 54, 7 L.Ed.2d 34 (1961); 372 F.2d 949 (5th Cir. 1967); 380 F.2d 385 (5th Cir. 1967) (en banc), writ ......