United States v. Flowers

ORDER

MYRON H. THOMPSON, District Judge.

This litigation, United States v. Flowers, civil action no. 2:68cv2709-T (previously styled United States v. Frazer, and still frequently known today as “Frazer” or the “Frazer litigation”), is before the court on the difficult issue of what discovery, if any, the court should allow before it decides whether Frazer’s 35-year-old “no-bypass rule” should be terminated.

I

Paragraph 3 of § II of the 1970 injunction in Frazer provides as follows:

“Defendants shall not appoint or offer a position to a lower-ranking white applicant on a certificate in preference…