Legal Opinion

United States v. Marion County School District

Court of Appeals for the Fifth Circuit

Decided October 23, 1980No. 78-3510PublishedCited by 40 opinions

1Opinion of the Court

FRANK M. JOHNSON, Jr., Circuit Judge:

This is an appeal by the United States from the dismissal of its complaint against the Marion County school district and school board, the members of the school board, and the school district superintendent.

When reviewing the sufficiency of a complaint against a motion to dismiss, the allegations of the complaint are to be taken as true. No citation of authority is necessary to sustain this basic proposition. Thus, from the allegations of the government’s complaint, the defendants have followed and continue to follow a policy of racial discrimination…

2Cases cited61 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Bolling v. SharpeSupreme Court of the United States · 1954
  4. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  5. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969

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3Cited by40 opinions

  1. United States v. Yonkers Board of EducationDistrict Court, S.D. New York · 1985
  2. UNITED STATES of America, Plaintiff-Appellee, v. BAYLOR UNIVERSITY MEDICAL CENTER, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1984
  3. United States v. Parish of St. BernardCourt of Appeals for the Fifth Circuit · 1985
  4. Wanda Henke and Robert Henke v. United States Department of Commerce and National Science FoundationCourt of Appeals for the D.C. Circuit · 1996
  5. United States v. LouisianaDistrict Court, E.D. Louisiana · 1988

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