443 F.2d 1178 - Miller v. Allen — 443 F.2d 1178

¶1John McCreery, Alix Sanders, Greenwood, Miss., John C. Brittain, Jr., James A. Lewis, Oxford, Miss., Jerris Leonard, Asst. Atty. Gen., Civ. Rights Div., Dept, of Justice, Washington, D. C., for appellants.

¶2G. Hite McLean, Greenwood, Miss., for appellees.

¶3Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

¶4BY THE COURT:

¶5The motion of the defendant-appellees to dismiss the appeal is denied.

¶6The judgment of the district court is vacated,1 and the case is remanded to the *1179district court with directions that no minority-to-minority transfer provision be allowed in the school integration plan to be implemented by the defendant LeFlore County School District for the 1971-72 school year and subsequent years.

¶7The district court is directed to act immediately to implement the formation of a bi-racial committee of citizens in LeFlore County to advise with the LeFlore County School District and with the Court.

¶8The district court shall require the LeFlore County School District to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir. 1971, 433 F.2d 611, 618-619.

¶9Vacated and remanded.

¶10. Under the stringent requirements of Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19 (1969), which this Court has carried out in United States v. Hinds County School Board, 5 Cir. 1969, 417 F.2d 852, and of Carter v. West Feliciana Parish School Board, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 (1970), implemented in Singleton v. Jackson Municipal Separate School District, 5 Cir. 1970, 419 F.2d 1211, this Court has judicially determined that the ordinary procedures for appellate review in school desegregation cases have to be suitably adopted to assure that each system whose case is before us “begin immediately to operate as unitary school systems”. Upon consideration of the parties’ memoranda *1179and so much of the record as is available or determined to be needed by the Court, the Court has proceeded to dispose of this case as an extraordinary matter. Rule 2, F.R.A.P.