# Birdie Mae Davis v. Board of School Commissioners of Mobile County, Alabama

> Court of Appeals for the Fifth Circuit · October 28, 1963 · 322 F.2d 356

URL: https://www.frixlaw.com/law-library/cases/9449594

## Case

- **Full name:** Birdie Mae DAVIS Et Al., Appellants, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, ALABAMA Et Al., Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 28, 1963
- **Citations:** 322 F.2d 356
- **Precedential status:** Published
- **Opinion:** Dissent by Bell
- **Judges:** Cameron, Brown, Wisdom, Bell
- **Cited by:** 16 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/9449594

## Opinion text

BELL, Circuit Judge
(dissenting).
I dissent. I would support the view of the District Judge that the time remaining before the opening of school in September is insufficient to make the change from a segregated to a desegregated school system as requested.
The chance of disruption of the educational process in Mobile likely to be encountered in planning and effecting the necessary changes on such short notice outweighs the damage which may be incurred by Plaintiffs in waiting another year. Thus, I would not hold that the District Judge abused his discretion. The loss of the year can be made up by requiring that two grades be desegregated beginning in 1964. I would join in the order if it encompassed this change.
Time for the effectuation of orderly school management procedures is essential, and we should be careful not to give rise to an untoward situation in school administration at this late hour. Registration for the upcoming term has been completed, and school officials and staffs are in the vacation season. This is particularly so where we are passing on a motion in a case not filed until March, 1963.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9449594. Public record. Not legal advice.