United States of America, Dedra Estell Overton, Intervenors-Appellants v. Texas Education Agency (Austin Independent School District)

WISDOM, Circuit Judge:

In accordance with the mandate of the Supreme Court in Austin Independent School District v. United States, 1976, 429 U.S. 990, 97 S.Ct. 517, 50 L.Ed.2d 603, we have reconsidered the Austin School case, United States v. Texas Education Agency, 5 Cir. 1976, 532 F.2d 380 (Austin II), in light of Washington v. Davis, 1976, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597. We reaffirm our reversal of the district court’s judgment.

After restudy of our two earlier decisions and the record, we again hold that the evidence overwhelmingly supports the conclusion that the Austin School…