Hull Hopson Richardson Franklin v. The Quitman County Board of Education

Fifth Circuit

Hull Hopson Richardson Franklin v. The Quitman County Board of Education

443 F.2d 909, 1971 U.S. App. LEXIS 9848

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 3, 1971

Docket30741_1

StatusPublished

This text of 443 F.2d 909 (Hull Hopson Richardson Franklin v. The Quitman County Board of Education) 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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Hull Hopson Richardson Franklin v. The Quitman County Board of Education, 443 F.2d 909, 1971 U.S. App. LEXIS 9848 (5th Cir. 1971).

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Opinion

BY THE COURT:

It is ordered that the order of the district court: denying the Board request to implement a minority-to-minority transfer provision as a part of the school desegregation plan of the appellant Board, is

Affirmed. 1

1

. 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 and 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.

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BY THE COURT:

It is ordered that the order of the district court: denying the Board request to implement a minority-to-minority transfer provision as a part of the school desegregation plan of the appellant Board, is

Affirmed. 1

1

. 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 and 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.

417 F.2d 852 (Third Circuit, 1970)

Singleton v. Jackson Municipal Separate School District

419 F.2d 1211 (Fifth Circuit, 1969)

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443 F.2d 909, 1971 U.S. App. LEXIS 9848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hull-hopson-richardson-franklin-v-the-quitman-county-board-of-education-ca5-1971.

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