Betty B. Mills and MacDonald Gallion Ex Rel. The State of Alabama v. Birmingham Board of Education, Etc.
Court of Appeals for the Fifth Circuit
1Per curiam
The order appealed from dismissed this action on the pleadings without a trial. While in bulk it was correct and is affirmed, we must vacate one portion and remand the cause so that the plaintiffs may have the opportunity to adduce hard evidence to support the broad allegations of paragraph 6 of the complaint. *
The inception of our problem was this Court’s mandate in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1969), for racially-balanced public school faculties. On June 19, 1970, the dictates of this decision became embodied in a decree applicable to the…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Alexander v. Holmes County Board of EducationSupreme Court of the United States · 1969
- Singleton v. Jackson Municipal Separate School DistrictCourt of Appeals for the Fifth Circuit · 1969
- Carter v. West Feliciana Parish School BoardSupreme Court of the United States · 1970
- United States v. Greenwood Municipal Separate School District, Greenwood Municipal Separate School District v. United StatesCourt of Appeals for the Fifth Circuit · 1969
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3Cited by7 opinions
- Davis v. CarlCourt of Appeals for the Eleventh Circuit · 1990
- Buffalo Teachers Federation v. Board of EducationDistrict Court, W.D. New York · 1979
- State Tenure Com'n v. Pike Cty. Bd. of Ed.Court of Civil Appeals of Alabama · 1977
- Billie Matthews and William R. Matthews v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Common Cause v. LewisDistrict Court, E.D. North Carolina · 2019
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