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Moses v. Washington Parish School Board

United States Court of Appeals, Fifth Circuit
Apr 10, 1972
456 F.2d 1285 (5th Cir. 1972)

Opinion

No. 71-2561.

March 8, 1972. Rehearing Denied April 10, 1972.

Welton O. Seal, Seal, Lee Branch, Bougalusa, La., W. W. Erwin, Dist. Atty., 22nd Judicial District, Franklinton, La., for defendants-appellants.

George M. Strickler, Jr., Stanley A. Halpin, Jr., Elie, Bronstein, Strickler Dennis, New Orleans, La., for plaintiffs-appellees.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


The issue presented for determination by the district court was whether the Franklinton Elementary School could assign students in a recently desegregated school to classrooms on the basis of standardized ability and achievement tests. Without determining the per se validity of the use of such tests and assignments, the district court, 330 F. Supp. 1340, found that the system as operated in the instant case tended to perpetuate segregated classrooms within the admittedly desegregated school. See Lemon v. Bossier Parish School Board, 5th Cir. 1971, 444 F.2d 1400. There is substantial evidence to support the district court's judgment.

It is therefore ordered that the district court's order of August 9, 1971 is affirmed.


Summaries of

Moses v. Washington Parish School Board

United States Court of Appeals, Fifth Circuit
Apr 10, 1972
456 F.2d 1285 (5th Cir. 1972)
Case details for

Moses v. Washington Parish School Board

Case Details

Full title:VERTREES MOSES ET AL., PLAINTIFFS-APPELLEES, v. WASHINGTON PARISH SCHOOL…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 10, 1972

Citations

456 F.2d 1285 (5th Cir. 1972)

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