# United States v. Board of Education of Bessemer

> Court of Appeals for the Fifth Circuit · July 1, 1969 · 417 F.2d 846

URL: https://www.frixlaw.com/law-library/cases/8881618

## Case

- **Full name:** UNITED STATES of America, and Doris Elaine Brown v. The BOARD OF EDUCATION OF the CITY OF BESSEMER, Appellees UNITED STATES of America, and Dwight Armstrong v. BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, JEFFERSON COUNTY, ALABAMA, Appellees UNITED STATES of America and Linda Stout, by her father and next friend, Blevin Stout v. JEFFERSON COUNTY BOARD OF EDUCATION
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 1, 1969
- **Citations:** 417 F.2d 846
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Bell
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8881618

## Opinion text

PER CURIAM:
These school cases involve public school systems in Bessemer, Birmingham, and Jefferson County, Alabama. The central issue in each case is whether the court-approved plan carrries out this Court’s directive that interim goals be established for achieving total faculty desegregation by 1970-71. In another matter before this Court, cases involving two of these same school districts (Jefferson County and Bessemer County) were consolidated for purposes of appeal on the broad question of ordering a revision of the desegregation plan by requiring student assignments on a basis other than freedom of choice. United States v. Jefferson County (Jefferson III), 5 Cir. 1969, 417 F.2d 834 .
We reverse and remand the instant cases for further consideration in light of United States v. Montgomery County Board of Education, 1969, 395 U.S. 225 , 89 S.Ct. 1670 , 23 L.Ed.2d 263 , and in light of the following recent decisions of this Court: Jefferson III; United States v. Choctaw County Board of Education, 5 Cir. 1969, 417 F.2d 838 [June 26, 1969]; Davis v. Board of Commissioners of Mobile County, 5 Cir. 1969, 414 F.2d 69 [June 3, 1969]; Hall v. St. Helena Parish School Board, 5 Cir. 1969, 417 F.2d 801 [May 28, 1969]; Adams v. Mathews, 5 Cir. 1968, 403 F.2d 181 .
The mandate of this court shall issue immediately and will not be stayed pending petitions for rehearing or certiorari.
GODBOLD, Circuit Judge (specially concurring):
I concur in the result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8881618. Public record. Not legal advice.