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444 F.2d 124

Docket No. 71-1121.

Tasby v. Estes

Fifth Circuit Court of Appeals

Decided June 3, 1971.

Fifth Circuit Court of Appeals · decided 1971-06-03

Cited by 3 later decisions — most recently July 1975

3 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“The district court shall require the school board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir. 1970, 433 F.2d 619 .”

quoted by 1 later decision, including Tasby v. Estes

Relies on Swann v. Charlotte-Mecklenburg Board of Education · Alexander v. Holmes County Board of Education · Singleton v. Jackson Municipal Separate School District

Good law ✅— No negative treatment on recordhow we know

Decided 1971-06-03

View the full empirical analysis of this case →

¶1Edward B. Cloutman, III, George Martinez, Cleophas Steele, Dallas, Tex., Mario Obledo, Mexican-American Legal Defense, San Antonio, Tex., Melvyn R. Lev-enthal, Jackson, Miss., for plaintiffs-appellants.

¶2Franklin E. Spafford, Warren Whit-ham, Dallas, Tex., for defendants-appel-lees.

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

¶4BY THE COURT:

¶5It is ordered that the judgment of the district court denying plaintiff’s motion for preliminary injunction is vacated,1 and the cause is remanded with directions that the district court in an expeditious manner, on this or a supplemented record, make full written findings of fact and conclusions of law on the merits of the cause, in the light of the principles relating to site selection and school construction enunciated in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, decided April 20, 1971, at pages 20-21, 91 S.Ct. 1278-1279, and the two eases cited by the unanimous opinion of the Court in support of those principles at page 21, 91 S.Ct. 1279: United States v. Board of Public Instruction of Polk County, Florida, 5 Cir. 1968, 395 F.2d 66, and Brewer v. School Board of Norfolk, Virginia, 5 Cir. 1968, 397 F.2d 37.

¶6The district court shall require the school board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir. 1970, 433 F.2d 619.

¶7Vacated and remanded.

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