Opinion

Jerry L. Lockett v. Board of Education, Muscogee County School District, Georgia

  • 391 F.2d 272
  • 1968 U.S. App. LEXIS 7681
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 15, 1968
Status
Published
On the bench
Wisdom, Bell, Dyer
Cited by
4 cases
Authority
More cited than 68.8%

The opinion

PER CURIAM:

This appeal involves a further chapter in the conversion of the school system of Muscogee County, Georgia from a dual system based on race into a unitary system. The Board adopted its own plan and was in the process of effectuating it prior to suit. The considerable progress made to date has been without the sanction of an injunction. See Lockett v. Board of Education of Muscogee County School District, Georgia, 5 Cir., 1965, 342 F.2d 225 .

Appellants moved for further relief in the form of an injunction on the basis of United States v. Jefferson County Board of Education, 5 Cir., 1967, 372 F.2d 836 , 380 F.2d 385 . The Board assured the District Court that it intended to follow

Jefferson.

The court denied in

*273

junetive relief on this basis but retained jurisdiction of the cause.

We conclude that the District Court did not err in denying injunctive relief. We think, however, that the Board should file a plan with the court substantially following the provisions of the

Jefferson

decree. The case will be remanded so that this may be done. The District Court is authorized to waive the mailing requirement under the mandatory choice section of that decree provided it appears that an effective method of notice is available and will be used as a substitute.

Affirmed in part; vacated and remanded for further proceedings not inconsistent herewith.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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