green
Positive treatment
4.4 score
Treatment trajectory · 1957 → 2026 · click a year to view as-of
1957
1991
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Kelly McNeal v. Tate County School District
Borders v. Rippy, 247 F.2d 268, 271 (5th Cir. 1957) stated: Pupils may, of course, be separated according to their degree of advancement or retardation, their ability to learn, on account of their health, or for any other legitimate reason, but each child is entitled to be treated as an individual without regard to his race or color.
cited
Cited as authority (rule)
Evers v. Jackson Municipal Separate School District
Den. 361 U.S. 924 , 80 S.Ct. 293 , 4 L.Ed.2d 240 ; Borders v. Rippy, 247 F.2d 268, 271 (5th Cir., 1957), 250 F.2d 690 , 692-693 (1957); Avery v. Wichita Falls Indep.
discussed
Cited as authority (rule)
Blocker v. Board of Education of Manhasset, New York
Cir. 1960); Kelley v. Board of Education, 270 F.2d 209, 229 (6th Cir.), cert. denied, 361 U.S. 924 , 80 S.Ct. 293 , 4 L.Ed.2d 240 (1959); Borders v. Rippy, 247 F.2d 268, 271 (5th Cir. 1957), 250 F.2d 690 , 692-693 (5th Cir. 1957); Avery v. Wichita Falls Independent School District, 241 F.2d 230, 233 (5th Cir.), cert. denied, 353 U.S. 938 , 77 S.Ct. 816 , 1 L.Ed.2d 761 (1957); Bell v. School City of Gary, Indiana, 213 F.Supp. 819 (N.D.Ind.), aff’d, 324 F.2d 209 (7th Cir. 1963); Evans v. Buchanan, 207 F.Supp. 820, 823-824 (D.Del.1962); Vick v. County Board of Education, 205 F.Supp. 436, 439 (W…
discussed
Cited as authority (rule)
Holland v. Board of Public Instruction of Palm Beach County, Florida
With appropriate amendment to the complaint, which should be permitted, the case may proceed in accordance with the practice in the usual actions of this kind. 21 The primary responsibility rests on the County Board of Public Instruction to make 'a prompt and reasonable start,' and then proceed to 'a good faith compliance at the earliest practicable date' with the Constitution as construed by the Supreme Court. 6 'During this period of transition,' the district court must retain jurisdiction to ascertain and to require good faith compliance. 7 22 The judgment of dismissal is therefore reversed…
discussed
Cited "see"
Willie M. Reed, by His Father and Next Friend, Wilmer Reed v. Theodore B. Pearson, as Superintendent of Education of Washington County, Alabama
(2×)
See Borders v. Rippy, (5th Cir.) 247 F.2d 268 ; City of Montgomery v. Gilmore, (5th Cir.) 277 F.2d 364 . 15 This controversy is of a nature that cannot be litigated in the District Court and for that reason should be handled by the Board of Education under the Alabama School Placement Law and by the state courts, if any court litigation is necessary.
discussed
Cited "see"
Boson v. Rippy
See Borders v. Rippy, 5 Cir., 1957, 247 F.2d 268, 272 , opinion on rehearing; Dallas Independent School District v. Edgar, 5 Cir., 1958, 255 F.2d 455 ; Houston Independent School District v. Ross, 5 Cir., 1960, 282 F.2d 95 , approving opinion of the district court.
discussed
Cited "see, e.g."
Branche v. Board of Education of Town of Hempstead
Compare Borders v. Rippy, 5th Cir. 1957, 247 F.2d 268, 271 ; Sealy v. Dept. of Public Instruction, 3rd Cir. 1958, 252 F.2d 898 ; Brown v. Board of Education, D.Kan.1955, 139 F.Supp. 468, 470 ; Briggs v. Elliott, E.D.S.C.1955, 132 F.Supp. 776 , 777 with Brown v. Board of Education, 1954, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873, 1955 , 349 U.S. 294 , 75 S.Ct. 753 , 99 L.Ed. 1083 ; Cooper v. Aaron, 1958, 358 U.S. 1, 19 , 78 S.Ct. 1401 , 3 L.Ed.2d 5 ; Clemons v. Board of Education, 6th Cir. 1956, 228 F.2d 853 (but note Judge Stewart, now Mr. Justice Stewart, concurring at p. 859); Meredith v. F…
discussed
Cited "see, e.g."
Arthur Steier v. New York State Education Commissioner, New York City Board of Higher Education and Brooklyn College
(2×)
See, e. g., Borders v. Rippy, 5 Cif., 247 F.2d 268, 271 , and cases there cited.
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
Thomas Anthony BERTONE, Appellant
v.
Thomas Anthony BERTONE, Appellant
12325_1.
Court of Appeals for the Third Circuit.
Aug 12, 1957.
247 F.2d 268
Horace S. King, Union City, N. J., for appellant., Albert P. Trapasso, Asst. U. S. Atty., Newark, N. J., for appellee.
Biggs, Goodrich, Kalodner, Per Curiam.
Published
PER CURIAM.
It appears from an examination of the record that the appellant in this ease has appealed from a request made by the court below that an order dismissing the appellant’s motions for a new trial and in arrest of judgment be submitted to him for signature. An order as requested was submitted to the court and was entered on August 9, 1957. It appears, therefore, that there is no appealable order to which the present appeal is directed within the purview of Section 1291, Title 28, U.S.C. If an appeal is to be taken to this court it must be from the order of August 9,1957.
Accordingly, the motion of the United States to dismiss the appeal will be granted.