George Robert Boykins, United States of America, Plaintiffs-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama

Fifth Circuit

George Robert Boykins, United States of America, Plaintiffs-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama

446 F.2d 973, 1971 U.S. App. LEXIS 9271

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 28, 1971

Docket29785_1

StatusPublished

Cited by5 cases

This text of 446 F.2d 973 (George Robert Boykins, United States of America, Plaintiffs-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama) 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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George Robert Boykins, United States of America, Plaintiffs-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama, 446 F.2d 973, 1971 U.S. App. LEXIS 9271 (5th Cir. 1971).

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Opinion

PER CURIAM:

Subsequent to the date of the district court’s decree from which this appeal has been taken, the Supreme Court decided Swann v. Charlotte-Mecklen-burg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554. We think that the district court, because of its familiarity with local conditions, should have the first opportunity to determine whether the school desegregation plan the court approved for the Board of Education of the City of Fair-field, Alabama, complies with the principles established in the Swann decision.

We remand this cause therefore to the district court for it to determine forthwith the acceptability of the school *974 board’s student assignment plan. In making this determination the court should consider the feasibility and advantages of clustering schools or non-contiguous zoning. The district court should also consider whether the school board is in compliance with the Singleton requirements for faculty ratios and whether the location of a high school complex in a black neighborhood will tend to promote segregation as alleged by plaintiffs-appellants.

The case is remanded to the district court for further consideration.

Costs shall be divided between the parties.

The Clerk is directed to issue the mandate forthwith.

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PER CURIAM:

Subsequent to the date of the district court’s decree from which this appeal has been taken, the Supreme Court decided Swann v. Charlotte-Mecklen-burg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554. We think that the district court, because of its familiarity with local conditions, should have the first opportunity to determine whether the school desegregation plan the court approved for the Board of Education of the City of Fair-field, Alabama, complies with the principles established in the Swann decision.

We remand this cause therefore to the district court for it to determine forthwith the acceptability of the school *974 board’s student assignment plan. In making this determination the court should consider the feasibility and advantages of clustering schools or non-contiguous zoning. The district court should also consider whether the school board is in compliance with the Singleton requirements for faculty ratios and whether the location of a high school complex in a black neighborhood will tend to promote segregation as alleged by plaintiffs-appellants.

The case is remanded to the district court for further consideration.

Costs shall be divided between the parties.

The Clerk is directed to issue the mandate forthwith.

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446 F.2d 973, 1971 U.S. App. LEXIS 9271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-robert-boykins-united-states-of-america-ca5-1971.

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