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430 F.2d 1272

Docket No. 30149.

United States v. Mathews

Fifth Circuit Court of Appeals

Decided Aug. 21, 1970.

Fifth Circuit Court of Appeals · decided 1970-08-21

Cited by 1 later decisions — most recently August 1970

1 federal appellate ·

2 counsel of record

Relies on Alexander v. Holmes County Board of Education · United States v. Hinds County School Board

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-08-21

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¶1*1273Roby Hadden, U. S. Atty., Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Brian K. Landsberg, Bernard H. Shapiro, Ethel A. Ollivierre, Attys., U. S. Dept, of Justice, Washington, D. C., for appellant.

¶2Henry Harbour, Longview, Tex., for appellees.

¶3Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

¶4PER CURIAM:

¶5This case involves the student assignment portion of the plan for desegregating the Longview school system.1 The parties stipulated a student assignment plan on January 6, 1970, and the plan was approved by the district court on January 20, 1970. Under it each of the Longview schools would be substantially desegregated. On June 17, 1970 the court, over the objection of the government, permitted the withdrawal of the January 6, 1970 plan and approved a substitute plan whereunder the student bodies in 4 of the 12 elementary schools in the system would remain all Negro. These schools are Janie Daniel, Maggie B. Hudson, Southside, and Rollins. The latter order and consequent plan furnish the subject matter of this appeal.

¶6It is apparent from the record that there are reasonable alternatives to the continued existence of these all Negro student body schools. Each can be paired with contiguous schools having largely all white student bodies. The Janie Daniel elementary school can be paired or grouped with one or more of the following: Bramlette Valley View and Peques Place. Maggie B. Hudson elementary can be paired with South Ward or Pinewood or both. Southside can be paired with Ware, and Rollins can be paired with Jodie McClure elementary school.

¶7The district court is directed to require the pairing of these schools as stated, or in the alternative, the school board shall be permitted to rezone the attendance districts involving these schools provided the desegregation result is substantially the same as would result from pairing. As a further alternative, the district court is directed to reapprove the plan embodied in the January 20, 1970 order in the event the school board so requests.

¶8Reversed and remanded for further proceedings not inconsistent herewith.

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