Marilyn Marie Monteilh v. St. Landry Parish School Board, United States of America, Amicus Curiae

Fifth Circuit

Marilyn Marie Monteilh v. St. Landry Parish School Board, United States of America, Amicus Curiae

451 F.2d 1348, 1972 U.S. App. LEXIS 12063

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 3, 1972

Docket71-2604

StatusPublished

Cited by1 cases

This text of 451 F.2d 1348 (Marilyn Marie Monteilh v. St. Landry Parish School Board, United States of America, Amicus Curiae) 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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Marilyn Marie Monteilh v. St. Landry Parish School Board, United States of America, Amicus Curiae, 451 F.2d 1348, 1972 U.S. App. LEXIS 12063 (5th Cir. 1972).

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Opinion

BY THE COURT:

The order appealed from, reflecting the informed judgment of the district court, is affirmed, Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971). The district court correctly retained jurisdiction of this proceeding. and should continue to maintain that jurisdiction for a minimum period of three years. In no event should the district court dismiss this action without notice to the plaintiffs below and a hearing providing opportunity to plaintiffs to show that deliberate action by school authorities or some other agency of the State *1349 has affected the unitary status of this system so that further intervention of the district court is required. See Swann, supra, and Calhoun v. Cook, 451 F.2d 583 (5th Cir. 1971) and the cases cited in that opinion.

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BY THE COURT:

The order appealed from, reflecting the informed judgment of the district court, is affirmed, Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971). The district court correctly retained jurisdiction of this proceeding. and should continue to maintain that jurisdiction for a minimum period of three years. In no event should the district court dismiss this action without notice to the plaintiffs below and a hearing providing opportunity to plaintiffs to show that deliberate action by school authorities or some other agency of the State *1349 has affected the unitary status of this system so that further intervention of the district court is required. See Swann, supra, and Calhoun v. Cook, 451 F.2d 583 (5th Cir. 1971) and the cases cited in that opinion.

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451 F.2d 1348, 1972 U.S. App. LEXIS 12063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marilyn-marie-monteilh-v-st-landry-parish-school-board-united-states-of-ca5-1972.

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