Marcus Gordon v. Jefferson Davis Parish School Board

446 F.2d 266

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 4, 1971
• Docket: 30075
• Status: Published

Opinions

BY THE COURT:

The district court failed to make full findings of fact and conclusions of law with regard to the issue on appeal: Whether racially-motivated closing of all-black schools is constitutionally permissible. The judgment appealed from is ordered vacated,¹ and this cause is remanded with directions for the district court to promptly conduct hearings, and thereon make findings and conclusions as to whether or not the closing of Jefferson Davis High School and Ward Elementary School by the appellee Board was in fact racially motivated. Such findings and conclusions, accompanied by the transcript of the proceeding below, shall be returned to this Court within thirty (30) days for final decision on the question presented. The district court’s attention is called to the following cases: Carr v. Montgomery County Board of Education, 5 Cir. 1970, 429 F.2d 382; Haney v. County Board of Education of Sevier County, 8 Cir. 1970, 429 F.2d 364; Wright v. Board of Public Instruction of Alachua County, 5 Cir. 1970, 431 F.2d 1200; Spangler v. Pasadena City Board of Education, C.D.Cal.1970, 311 F.Supp. 501; Brice v. Landis, N.D.Cal.1969, 314 F.Supp. 974; Quarles, et al. v. Oxford Municipal Separate School District, N.D.Miss.1970, Civil Action No. WC-6962-K. Jurisdiction is retained during this limited remand for further proceedings below.

The district court shall also 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 611, 618-619.

Vacated and remanded with directions.

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.