United States Fifth Circuit

In a case arising out of student transfers from one rural Texas school district to another, a judgment in favor of plaintiffs and an injunction preventing the transfer only of white students are reversed and vacated where the court had no basis for sanctioning the transferee district, and there was no legal or factual basis for the court's finding of a reduction in desegregation caused by the transfers.

Appellate Information

• Decided 07/24/2006
• Published 07/25/2006

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Sarah Elaine Harrington (argued), Dennis J. Dimsey, Deputy Chief, David Kevin Flynn, Edward G. Caspar, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for U.S., Roger D. Hepworth (argued), Sue Melissa Lee, Henslee, Fowler, Hepworth & Schwartz, Austin, TX, for Hearne Ind. Sch. Dist., David M. Feldmam (argued), Richard Alan Morris, Paul A. Lamp, Feldman & Rogers, Houston, TX, for Mumford Ind. Sch. Dist. and Pete J., William C. Bednar, Jr., Law Office of William C. Bednar, Austin, TX, for Student Transfers Across Texas Inc., Amicus Curiae., Roger L. Rice, Somerville, MA, Nina Perales, David G. Hinojosa, Mexican Am. Legal Defense and Educational Fund, San Antonio, TX, for LULAC and GI Forum, Amici Curiae., Nancy Kathleen Juren, Asst. Atty. Gen., Austin, TX, for State of Texas and Texas Educ. Agency., James C. Todd, Asst. Atty. Gen. (argued), Austin, TX, for Texas Educ. Agency.