Alfred Avery, Jr., a Minor, by His Mother and Next Friend, (Mrs.) Alfred Avery v. Wichita Falls Independent School District

I concur in much which is said in the majority opinion and think its reasoning ought to lead to an affirmance of the act of the Court below in dismissing the complaint following its decision on the merits by summary judgment. But I cannot go along in the majority’s action in remanding the case with instructions that it remain on the docket. The inevitable result of such a course is to thrust back into the field of controversy a problem which can, in my opinion, move towards real solution only in an atmosphere of repose and harmony. I am constrained to set down some of the reasons for my…