United States v. The State of Georgia v. Charlie Ridley, Jr., Plaintiffs-Intervenors-Appellants

Fifth Circuit

United States v. The State of Georgia v. Charlie Ridley, Jr., Plaintiffs-Intervenors-Appellants

445 F.2d 303, 1971 U.S. App. LEXIS 9499

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 17, 1971

Docket30338

StatusPublished

Cited by4 cases

This text of 445 F.2d 303 (United States v. The State of Georgia v. Charlie Ridley, Jr., Plaintiffs-Intervenors-Appellants) 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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United States v. The State of Georgia v. Charlie Ridley, Jr., Plaintiffs-Intervenors-Appellants, 445 F.2d 303, 1971 U.S. App. LEXIS 9499 (5th Cir. 1971).

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Opinion

BY THE COURT:

This school desegregation case is before us the second time. See our initial opinion, 1970, 428 F.2d 377, rehearing en bane denied, Id. at 379.

There are presently appeals before us by the United States of America, plaintiff, and Ridley, et al., plaintiffs-interve-nors.

The motion of the State of Georgia to dismiss the appeal of Ridley, et al., plaintiffs-intervenors, for failure to file same within the Singleton timetable is denied.

The judgment of the District Court is reversed and the cause is remanded with direction that the District Court require defendants forthwith to implement fully the uniform provisions of our decision in Singleton v. Jackson Municipal Separate School District, en banc, 5 Cir., 1970, 419 F.2d 1211; Id., 425 F.2d 1211, insofar as said uniform provisions relate to desegregation of faculty and other staff, school construction and site selection, and attendance outside system of residence. See also Carter v. West Feli-ciana Parish School Board, 5 Cir., 1970, 432 F.2d 875.

To the limited extent that the pupil assignment plans in any of the 81 respective School Districts involved in this litigation in the District Court are contested in this appeal, the judgment of the District Court is vacated with respect thereto and the cause is remanded with direction that the District Court require defendants forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, insofar as they relate to the issues presented in this case.

The mandate shall issue forthwith.

Reversed in part; vacated and remanded with direction.

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BY THE COURT:

This school desegregation case is before us the second time. See our initial opinion, 1970, 428 F.2d 377, rehearing en bane denied, Id. at 379.

There are presently appeals before us by the United States of America, plaintiff, and Ridley, et al., plaintiffs-interve-nors.

The motion of the State of Georgia to dismiss the appeal of Ridley, et al., plaintiffs-intervenors, for failure to file same within the Singleton timetable is denied.

The judgment of the District Court is reversed and the cause is remanded with direction that the District Court require defendants forthwith to implement fully the uniform provisions of our decision in Singleton v. Jackson Municipal Separate School District, en banc, 5 Cir., 1970, 419 F.2d 1211; Id., 425 F.2d 1211, insofar as said uniform provisions relate to desegregation of faculty and other staff, school construction and site selection, and attendance outside system of residence. See also Carter v. West Feli-ciana Parish School Board, 5 Cir., 1970, 432 F.2d 875.

To the limited extent that the pupil assignment plans in any of the 81 respective School Districts involved in this litigation in the District Court are contested in this appeal, the judgment of the District Court is vacated with respect thereto and the cause is remanded with direction that the District Court require defendants forthwith to constitute and implement a student assignment plan that complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, insofar as they relate to the issues presented in this case.

The mandate shall issue forthwith.

Reversed in part; vacated and remanded with direction.

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445 F.2d 303, 1971 U.S. App. LEXIS 9499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-the-state-of-georgia-v-charlie-ridley-jr-ca5-1971.

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