Warren G. Cousin v. Board of Trustees of Houston Municipal Separate School District

This Court in its opinion, 648 F.2d 293 (5th Cir. 1981) declared that the record on appeal raised questions of compliance with Singleton III which it then undertook to adjudicate.

The School District’s petition for rehearing raises serious questions whether it was proper for this Court to draw these conclusions since the District Court, 488 F.Supp. 75, had ruled that Singleton was not involved, which effectively cut off any opportunity of contrary proof.

Consequently, the petition for rehearing is granted, the opinion is vacated and the case is remanded to the District Court for full factual…