Gaines v. Dougherty County Board of Education, 20984.
| Decision Date | 20 March 1964 |
| Docket Number | No. 20984.,20984. |
| Citation | 329 F.2d 823 |
| Parties | Shirley GAINES et al., Appellants, v. DOUGHERTY COUNTY BOARD OF EDUCATION et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
D. L. Hollowell, Atlanta, Ga., C. B. King, Albany, Ga., Constance Baker Motley, Derrick A. Bell, Jr., Norman C. Amaker, New York City, for appellants.
Jesse W. Walters, Albany, Ga., for appellees.
Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.
The principal issue presented by this appeal from an order of the District Court approving a plan offered by the Dougherty County Board of Education to make a start towards desegregating the county schools is whether the plan calls for a sufficiently prompt compliance with the requirements of Brown v. Board of Education of Topeka, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083. The Board admitted that the schools of Dougherty County had been and were being operated on a racially segregated basis, that is to say, Negro and white children living in the same locality were sent to Negro or white schools according to race.
The trial court, by its order of July 12, 1963, required the Board of Education, within thirty days, to submit a plan for administering the school system without regard to race or color. Such plan was submitted by the Board on August 12th and it was approved by the Court, after objections filed by the appellants, on August 27, 1963.
The plan provided that beginning with the fall term, 1964, each beginning student desiring to enter the first grade could register at the school selected by him without reference to race during a countywide registration period to be held beginning the first Monday in April, 1964, and continuing through Friday of that week. It provided that such pupils "may select the school of their choice without regard to race or color if proximity to the school, building capacity and transportation permits." It further provided that thereafter the same privilege would be granted to one more grade each year until, after twelve years, all twelve grades would be similarly dealt with.
The appellants objected to the approval of the said plan on the following grounds:
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Gaines v. Dougherty County Bd. of Educ.
...relief, they appealed to this court, 2 which directed the district court to accelerate the desegregation of the school system. 329 F.2d 823 (5th Cir.1964); 334 F.2d 983 (5th Cir.1964). Following a series of delays, the district court entered an order approving a desegregation plan. This cou......
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Paige v. Gray
...That litigation is still pending in this court and has resulted in numerous decisions of the court of appeals as recent as 1972. See 329 F.2d 823 (1964); 334 F.2d 983 (1964); 392 F.2d 669 (1968); 442 F.2d 1344 (1971); 446 F.2d 907 (1971); 465 F.2d 363 United States v. Housing Authority of t......
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Stell v. Savannah-Chatham County Bd. of Ed., 20557
...first two years and one grade per year thereafter); Miller v. Barnes, 5 Cir., 1964, 328 F.2d 810; and Gaines v. Dougherty County Board of Education, 5 Cir., 1964, 329 F.2d 823. In these latter two cases a beginning in two grades was required. The third and sixth circuits have refused to app......
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Gaines v. DOUGHERTY COUNTY BD. OF EDUC., Civ. A. No. 764-ALB.
...understanding of the history of this litigation: Gaines v. Dougherty County Board of Education, 222 F.Supp. 166 (M.D.Ga.1963); 329 F.2d 823 (5th Cir.1964); 334 F.2d 983 (5th Cir.1964); 392 F.2d 669 (5th Cir.1968); 442 F.2d 1344 (5th Cir.1971); 446 F.2d 907 (5th Cir.1971); 465 F.2d 363 (5th ......