Delores Clark v. The Board of Education of the Little Rock School District

GIBSON, Circuit Judge.

Appellants have filed a petition for rehearing. Though nearly all of petitioners’ original objections to the Board’s plan were sustained by us, petitioners complain about our approval of that portion of the school desegregation plan that provides for annual rights to laterally transfer schools, exercisable at the discretion of the individual student. They argue that the annual choice should be a mandatory choice required every year of all students. They give two primary reasons for seeking a rehearing in this case: (1) The Fifth Circuit’s recent opinion in United States…