# James Jonathan Mapp, and Cross-Appellees v. The Board of Education of the City of Chattanooga, Etc., and Cross-Appellant

> Court of Appeals for the Sixth Circuit · April 30, 1973 · 477 F.2d 851

URL: https://www.frixlaw.com/law-library/cases/9459440

## Case

- **Full name:** James Jonathan MAPP Et Al., Plaintiffs-Appellants and Cross-Appellees, v. the BOARD OF EDUCATION OF the CITY OF CHATTANOOGA, Etc., Et Al., Defendant-Appellee and Cross-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** April 30, 1973
- **Citations:** 477 F.2d 851; 1973 U.S. App. LEXIS 10217
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Phillips, Weick, Edwards, Celebrezze, Peck, McCree, Miller, Kent, Lively, O'Sullivan
- **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/9459440

## Opinion text

WILLIAM E. MILLER, Circuit Judge
(concurring in the result).
I concur in the result reached by the Court in these appeals.
As I read the opinion of the Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971), where vestiges of state-imposed segregation still exist, the district courts have broad powers to fashion remedies that will assure a unitary school system.
A careful review of the record in this case indicates to me that the district judge was not only clearly justified in holding that vestiges of state-imposed segregation still existed in the Chattanooga system, but that he did not abuse his discretion in fashioning remedies within the precepts of the Swann decision. Since for these reasons I concur in the result, I do not feel committed to all of the language, reasons and conclu *853 sions set forth in the per curiam opinion of this Court or in the two opinions of Judge Wilson under review reported at 329 F.Supp. 1374 (E.D.Tenn., 1971) and 341 F.Supp. 193 (E.D.Tenn., 1972).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459440. Public record. Not legal advice.