Johnson v. Jackson Parish School Board, 28712.
Decision Date | 25 March 1970 |
Docket Number | No. 28712.,28712. |
Citation | 423 F.2d 1055 |
Parties | Margaret M. JOHNSON et al., Plaintiffs-Appellants, v. JACKSON PARISH SCHOOL BOARD et al., Defendants-Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
George M. Strickler, Jr., Collins, Douglas & Elie, New Orleans, La., Richard B. Sobol, Washington, D. C., Jesse Queen, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for appellants.
Hal R. Henderson, Dist Atty., Second Judicial Dist., Arcadia, La., Fred L. Jackson, Asst. Dist. Atty., Second Judicial Dist., Homer, La., Albin P. Lassiter, Dist. Atty., Fourth Judicial Dist., Monroe, La., John F. Ward, Baton Rouge, La., William H. Baker, Special Counsel, Jonesboro, La., for appellees.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
When this desegregation case was before us on December 9, 1969, we granted appellants' motion for summary reversal of an order of the District Court for the Western District of Louisiana and remanded for compliance with the requirements of Alexander, et al. v. Holmes County, 1969, 396 U.S. 19, 90 S. Ct. 29, 24 L.Ed.2d 19, and the terms, provisions and conditions (including the times specified) in Singleton et al. v. Jackson Municipal Separate School District, 5 Cir. 1969, 419 F.2d 1211, 420 F. 2d 692. The Supreme Court ordered in Alexander "that * * * school districts here involved may no longer operate a dual school system based on race or color, and directed that they begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color." Singleton required that full faculty integration be accomplished by February 1, 1970, but postponed pupil desegration until September, 1970. On January 14, 1970, the Supreme Court reversed Singleton insofar as it deferred student desegregation beyond February 1, 1970, Carter et al. v. West Feliciana Parish et al., 1970, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477. Accordingly, on January 26, 1970, this court, acting on appellants' supplemental petition for rehearing adopted the Carter schedule for student desegregation in this case, 420 F.2d 693. The case is now before us on appellants' motion to clarify or supplement our mandates of December 9, 1969, and January 26, 1970, to specify that the Jackson Parish School Board immediately terminate its system of segregating students by color in classrooms within an "integrated school."
On January 27, 1970, the District Court entered a decree approving a desegregation plan submitted...
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