Ayers v. Western Line Consolidated School Dist

Full title: HENRY B. AYERS ET AL., PLAINTIFFS, v. WESTERN LINE CONSOLIDATED SCHOOL…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 28, 1979

592 F.2d 280 (5th Cir. 1979)

Opinion

No. 75-3485.

March 28, 1979.

J. Robertshaw, Greenville, Miss., for Western, etc.

James L. Robertson, Greenville, Miss., for Washington, etc.

Fred L. Banks, Jr., Nausead L. Stewart, Phillip J. Brookins, Jackson, Miss., for plaintiffs-intervenors-appellees.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Appeal from the United States District Court for the Northern District of Mississippi; Orma R. Smith, Judge.

Before GEWIN, RONEY and HILL, Circuit Judges.

BY THE COURT:

Our judgment and decision in the above captioned case, 555 F.2d 1309 (5th Cir. 1977), which reversed, D.C., 404 F. Supp. 1225, was reversed by the Supreme Court in Givhan v. Western Line Consolidated School District, ___ U.S. ___, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979). Accordingly, we remand the case to the district court for further consideration in light of the opinion of the Supreme Court.