Moses v. Washington Parish School Board, 71-2561.

Decision Date10 April 1972
Docket NumberNo. 71-2561.,71-2561.
Citation456 F.2d 1285
CourtU.S. Court of Appeals — Fifth Circuit
PartiesVertrees MOSES et al., Plaintiffs-Appellees, v. WASHINGTON PARISH SCHOOL BOARD et al., Defendants-Appellants.

Welton O. Seal, Seal, Lee & Branch, Bougalusa, La., W. W. Erwin, Dist. Atty., 22nd Judicial District, Franklinton, La., for defendants-appellants.

George M. Strickler, Jr., Stanley A. Halpin, Jr., Elie, Bronstein, Strickler & Dennis, New Orleans, La., for plaintiffs-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

BY THE COURT:

The issue presented for determination by the district court was whether the Franklinton Elementary School could assign students in a recently desegregated school to classrooms on the basis of standardized ability and achievement tests. Without determining the per se validity of the use of such tests and assignments, the district court, 330 F.Supp. 1340, found that the system as operated in the instant case tended to perpetuate segregated classrooms within the admittedly desegregated school. See Lemon v. Bossier Parish School Board, 5th Cir. 1971, 444 F.2d 1400. There is substantial evidence to support the district court's judgment.

It is therefore ordered that the district court's order of August 9, 1971 is affirmed.

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6 cases
  • Castaneda v. Pickard
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 23, 1981
    ...Shannon, 516 F.2d 411 (5th Cir. 1975); McNeal v. Tate County School District, 508 F.2d 1017 (5th Cir. 1975); Moses v. Washington Parish School Board, 456 F.2d 1285 (5th Cir. 1972); Lemon v. Bossier Parish School Board, 444 F.2d 1400 (5th Cir. 1971); Singleton v. Jackson Municipal Separate S......
  • Georgia State Conference of Branches of NAACP v. State of Ga.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • October 29, 1985
    ...grouping practices of a number of school districts as being racially discriminatory. See, e.g., Moses v. Washington Parish School Board, 456 F.2d 1285 (5th Cir.) (per curiam), cert. denied, 409 U.S. 1013, 93 S.Ct. 431, 34 L.Ed.2d 307 (1972); Lemon v. Bossier Parish School Board, 444 F.2d 14......
  • Montgomery v. Starkville Mun. Separate School Dist., EC83-293-LS-D.
    • United States
    • U.S. District Court — Northern District of Mississippi
    • June 8, 1987
    ...to justify an inference of discrimination in Moses v. Washington Parish School Board, 330 F.Supp. 1340 (ED La.1971), affirmed, 456 F.2d 1285 (5th Cir.1972). Dr. Carl O. Word, an expert in statistical analysis and evaluation, testified on behalf of the plaintiff intervenors and was of the op......
  • Fuller v. Johnson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 30, 1997
    ... ... negatively in Vanity Fair and The Washington Post. The American Psychiatric Association has ... ...
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