Howard Davis v. A. L. Firment

Fifth Circuit

Howard Davis v. A. L. Firment

408 F.2d 1085, 1969 U.S. App. LEXIS 13069

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 27, 1969

Docket25222_1

StatusPublished

Cited by44 cases

This text of 408 F.2d 1085 (Howard Davis v. A. L. Firment) 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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Howard Davis v. A. L. Firment, 408 F.2d 1085, 1969 U.S. App. LEXIS 13069 (5th Cir. 1969).

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Opinion

PER CURIAM:

The complaint in the district court sought an injunction restraining the Orleans Parish School Board and certain of *1086 its officials from preventing a student from attending the public schools because of the manner in which he wore his hair. The district court denied relief. The complainant perfected an appeal to this Court. He then filed a formal motion for a stay of proceedings pending the final disposition of Ferrell v. Dallas Independent School District [5 Cir., 1968, 392 F.2d 697 ; cert. denied 393 U.S. 856, 89 S.Ct. 98, 21 L.Ed.2d 125 (1968)]. The application for the stay alleged that the issue in this case was similar to that in Ferrell, supra. The stay was granted. Upon final disposition of Ferrell, this appeal was calendared and has been duly heard.

We are of the opinion that there is no material difference between this case and Ferrell. Our decision in that case, therefore, must control the disposition of this appeal.

The judgment of the district court is Affirmed.

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PER CURIAM:

The complaint in the district court sought an injunction restraining the Orleans Parish School Board and certain of *1086 its officials from preventing a student from attending the public schools because of the manner in which he wore his hair. The district court denied relief. The complainant perfected an appeal to this Court. He then filed a formal motion for a stay of proceedings pending the final disposition of Ferrell v. Dallas Independent School District [5 Cir., 1968, 392 F.2d 697 ; cert. denied 393 U.S. 856, 89 S.Ct. 98, 21 L.Ed.2d 125 (1968)]. The application for the stay alleged that the issue in this case was similar to that in Ferrell, supra. The stay was granted. Upon final disposition of Ferrell, this appeal was calendared and has been duly heard.

We are of the opinion that there is no material difference between this case and Ferrell. Our decision in that case, therefore, must control the disposition of this appeal.

The judgment of the district court is Affirmed.

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408 F.2d 1085, 1969 U.S. App. LEXIS 13069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-davis-v-a-l-firment-ca5-1969.

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