Legal Opinion · Dissent

Brown v. Board of Education

Court of Appeals for the Tenth Circuit

Decided December 11, 1989No. 87-1668Published

1DissentBaldock, Circuit Judge

It is not by accident that the court begins its opinion in the liability phase of this case with a quote from the plaintiffs’ expert, Mr. William Lamson.1 For in deciding that the U.S.D. 501 school board operates a dual school system with respect to student assignment, the court has relied heavily on the plaintiffs’ theory of the case as supported by the testimony of Mr. Lamson. In deciding that the board operates a dual system with respect to faculty assignment, the court has adopted the plaintiffs’ theory in large part, but impermissibly has made its own factual findings after an ad hoc…

2Cases cited58 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Brown v. Board of EducationSupreme Court of the United States · 1954
  4. Washington v. DavisSupreme Court of the United States · 1976
  5. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971

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