Evelyn R. Ellis v. Board of Public Instruction of Orange County, Florida

Fifth Circuit

Evelyn R. Ellis v. Board of Public Instruction of Orange County, Florida

421 F.2d 134

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 6, 1970

Docket28262

StatusPublished

This text of 421 F.2d 134 (Evelyn R. Ellis v. Board of Public Instruction of Orange County, Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evelyn R. Ellis v. Board of Public Instruction of Orange County, Florida, 421 F.2d 134 (5th Cir. 1970).

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Opinion

PER CURIAM:

This case comes to us after full briefing. It is placed on the summary calendar for disposition without oral argument under Local Rule 18 of this court.

The Orange County school board has made substantial progress in the course of recent years toward converting its dual school system into a unitary system. The current status must be reviewed, however, in the light of decisions of the Supreme Court and of this court which have been rendered since the order of the district court which forms the subject matter of this appeal. These decisions dictate further proceedings in the district court. See Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19; United States v. Hinds County School Board, 5 Cir., 1969, 417 F.2d 852 [November 7, 1969], Singleton v. Jackson Municipal School District (and consolidated en banc cases), 5 Cir., 1969, 419 F.2d 1211 [December 1, 1969].

To the end that the district court may now review the Orange County school desegregation plan and require that it comport in all respects with these more recent decisions, we vacate and remand to the district court. The remand is with direction to the district court to comply with the requirements of Alexander v. Holmes County, supra, and with all terms, provisions and conditions (including the times specified) in Singleton, supra, Parts I and III.

The mandate shall issue forthwith. No stay will be granted pending petition for rehearing or application for certi-orari.

Vacated and remanded with directions.

ON MOTION TO RECALL MANDATE

The motion of appellants to recall the mandate is granted. The opinion and order of the court dated December 12, 1969 is amended by adding the following requirement:

The district court is directed to comply with all terms, provisions, and conditions, in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211, December 1, 1969, Parts I and III (including the times specified), except for the following: (1) A new plan for student desegregation shall be filed with the district court not later than January 15, 1970, (2) the school board is to be directed to take such preliminary steps as may be necessary to prepare for complete student desegregation by February 1, 1970, in accordance with the order of the Supreme Court in Carter v. West Feliciana Parish School Board, 1969, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 in the event student desegregation by February 1, 1970 is required by the Supreme Court.

The mandate in this cause, as amended, shall issue forthwith.

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PER CURIAM:

This case comes to us after full briefing. It is placed on the summary calendar for disposition without oral argument under Local Rule 18 of this court.

The Orange County school board has made substantial progress in the course of recent years toward converting its dual school system into a unitary system. The current status must be reviewed, however, in the light of decisions of the Supreme Court and of this court which have been rendered since the order of the district court which forms the subject matter of this appeal. These decisions dictate further proceedings in the district court. See Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19; United States v. Hinds County School Board, 5 Cir., 1969, 417 F.2d 852 [November 7, 1969], Singleton v. Jackson Municipal School District (and consolidated en banc cases), 5 Cir., 1969, 419 F.2d 1211 [December 1, 1969].

To the end that the district court may now review the Orange County school desegregation plan and require that it comport in all respects with these more recent decisions, we vacate and remand to the district court. The remand is with direction to the district court to comply with the requirements of Alexander v. Holmes County, supra, and with all terms, provisions and conditions (including the times specified) in Singleton, supra, Parts I and III.

The mandate shall issue forthwith. No stay will be granted pending petition for rehearing or application for certi-orari.

Vacated and remanded with directions.

ON MOTION TO RECALL MANDATE

The motion of appellants to recall the mandate is granted. The opinion and order of the court dated December 12, 1969 is amended by adding the following requirement:

The district court is directed to comply with all terms, provisions, and conditions, in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211, December 1, 1969, Parts I and III (including the times specified), except for the following: (1) A new plan for student desegregation shall be filed with the district court not later than January 15, 1970, (2) the school board is to be directed to take such preliminary steps as may be necessary to prepare for complete student desegregation by February 1, 1970, in accordance with the order of the Supreme Court in Carter v. West Feliciana Parish School Board, 1969, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 in the event student desegregation by February 1, 1970 is required by the Supreme Court.

The mandate in this cause, as amended, shall issue forthwith.

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