Opinion

Lawrence Hall, United States of America, Plaintiff-Intervenor-Appellant v. St. Helena Parish School Board

  • 424 F.2d 320
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 17, 1970
Status
Published
Author
Coleman
On the bench
Wisdom, Coleman, Simpson
Cited by
5 cases

The opinion

COLEMAN, Circuit Judge

(dissenting).

Again, as I have had to do in so many cases, I dissent.

I would concur if it were not for the wholly unreasonable requirement that these schools be torn up in the middle of a semester. Everyone seems to overlook the fact that this works as great a hardship and is educationally as damaging to the black children as it is to the white. It is educationally a folly and in general the results have been glaring failures. I respectfully dissent.

PER CURIAM.

The Court has considered the motion of counsel for St. Helena Parish School Board, et al., for an expedited reconsideration of the order of this Court dated March 6, 1970. The movant has drawn the attention of the Court to certain facts relating to the educational system of St. Helena Parish which were not in the record or before the Court at the time the March 6, 1970, order was *324 issued. The Court notes that the final examinations commence on March 23, 1970, and continue throughout the week; that seniors thereafter have three weeks to practice for graduation and as far as they are concerned the school will have concluded March 29, 1970; that the school year for the remaining students concludes about the end of April and reopens in July 1970 for the Fall term.

In view of these unusual facts the Court has concluded to reconsider its order requiring that complete desegregation be put into effect March 23, 1970. It is therefore ordered that the full implementation of HEW’s plan as set forth in this Court’s order of March 6, 1970, be postponed until the commencement of the Fall term in July 1970 in St. Helena Parish. The School Board should take appropriate action prior to the opening of schools in July 1970 to carry out the other provisions of this Court’s order of March 6, 1970.

This order shall issue forthwith.

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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