430 F2d 1175 Pate v. Dade County School Board

430 F.2d 1175

Herbert PATE et al., Plaintiffs,
DADE COUNTY SCHOOL BOARD et al., Defendants-Appellees, v.
Herbert PATE et al., Plaintiffs-Appellees,
DADE COUNTY SCHOOL BOARD et al., Defendants-Appellees-Cross
Appellants, v. Alice LOVE, Carswell Washington et
al., Intervenors-Appellants-Cross Appellees.

Nos. 29039, 29179.

United States Court of Appeals, Fifth Circuit.

June 5, 1970.

James W. Matthews, Miami, Fla., for Love et al.

Larry S. Stewart and Henry A. Agar, Miami, Fla., for Pate.

Fred C. Davant, Miami, Fla., for Immerfall and Russell.

Jerris Leonard, Atty. U.S. Dept. of Justice, Civil Rights Div., Washington, D.C., Gerald Mager, Legal Counsel to the Governor, Tallahassee, Fla., for the State.

George C. Bolles, Miami, Fla., for appellees.

William C. Cramer, amicus curiae.

Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit judges.


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It appearing to this court that the District Court for the Southern District of Florida held additional hearings on May 22, 1970, on the adoption of a plan to establish a unitary school system in Dade County, Florida, it is hereby ordered the above-named appeals be remanded to the District Court for the Southern District of Florida pending the approval by said district court of any new orders or plans, and it is further ordered that any new plans, together with any Findings of Fact and Conclusions of Law thereon, shall be filed with this court within 20 days from the date hereof. Jurisdiction of these appeals is retained in this court during the limited remand for the purposes above stated.


Remanded for further proceedings consistent herewith.