Vivian Calhoun, Deborah Birt, Intervenors-Appellants, Emma Armour, Intervenors-Appellants v. Ed S. Cook, 525 F.2d 1203 (5th Cir. 1975). · Go Syfert
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Vivian Calhoun, Deborah Birt, Intervenors-Appellants, Emma Armour, Intervenors-Appellants v. Ed S. Cook, 525 F.2d 1203 (5th Cir. 1975). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 1994 · 2 courts · …it would blink reality and authority ... to hold the atlanta school system to be nonunitary because further integration is theoretically possible at p. 1203 ✓
29 citation events across 12 distinct courts.
Strongest positive: Brown v. Board Of Education Of Topeka (ca10, 1990-01-29)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Brown v. Board Of Education Of Topeka
10th Cir. · 1990 · confidence medium
But the case was reopened, and in 1969 the school board was required to come forth with a more effective plan"); United States v. Lawrence County School Dist., 799 F.2d 1031, 1043 (5th Cir.1986) ("the adoption of the plan does not exhaust the power of the court to direct elimination of vestiges of segregation that remain or become apparent only after the plan has been put into place"); Pitts, 755 F.2d at 1426 39 See Adams, 620 F.2d at 1288-91 (intact busing, school site selection, block busing, transfer policy, and segregated faculty assignments); Higgins v. Board of Educ., 508 F.2d 779, 787 (…
discussed Cited as authority (rule) Brown v. Board of Education
10th Cir. · 1989 · confidence medium
See Ross, 699 F.2d at 224 (further remedial efforts would be unreasonable and inadequate); Calhoun v. Cook, 525 F.2d 1203, 1203 (5th Cir.1975) (per curiam) ("It would blink reality ... to hold the Atlanta School System to be nonuni-tary because further integration is theoretically possible and we expressly decline to do so."). .For example, the district court stated: "Although, on its face, the construction of schools, particularly on the west side of the district, appears to have promoted racial sepa ration, the court does not believe that the district’s school construction policy was inten…
discussed Cited "see" Capacchione v. Charlotte-Mecklenburg Schools
W.D.N.C. · 1999 · signal: see · confidence high
“A court should not remain involved in the assignment process indefinitely merely because some further degree of compliance with assignment standards is conceivable.” Morgan, 831 F.2d at 324 ; see Calhoun v. Cook, 525 F.2d 1203, 1203 (5th Cir.1975) (“It would blink reality and authority, however, to hold the Atlanta School System to be nonunitary because further racial integration is theoretically possible and we expressly decline to do so.” (citation omitted)); cf. James B.
discussed Cited "see" Stell v. BOARD OF PUBLIC EDUC. FOR CITY OF SAVANNAH
S.D. Ga. · 1994 · signal: see · confidence high
See Calhoun v. Cook, 525 F.2d 1203 (5th Cir.1975) (“[i]t would blink reality and authority ... to hold the Atlanta School System to be nonunitary because further integration is theoretically possible”).
discussed Cited "see" Tallulah Morgan v. John A. Nucci, Tallulah Morgan v. John A. Nucci, (Two Cases) Appeal of Boston Teachers Union, Local 66, Aft, Afl-Cio. Appeal of Mayor of Boston and Public Facilities Commission of the City of Boston
1st Cir. · 1987 · signal: see · confidence high
See Calhoun v. Cook, 525 F.2d 1203, 1203 (5th Cir.1975) ("[i]t would blink reality and authority ... to hold the Atlanta School System to be nonunitary because further integration is theoretically possible").
discussed Cited "see" Morgan v. Nucci
1st Cir. · 1987 · signal: see · confidence high
See Calhoun v. Cook, 525 F.2d 1203, 1203 (5th Cir.1975) (“[i]t would blink reality and authority ... to hold the Atlanta School System to be nonunitary because further integration is theoretically possible”).
discussed Cited "see" Tasby v. Wright
N.D. Tex. · 1981 · signal: see · confidence high
See Calhoun v. Cook, 522 F.2d 717 (5th Cir.) reh. denied, 525 F.2d 1203 (1975) (Atlanta system declared unitary notwithstanding fact that further integration was theoretically possible); Ross v. Houston I.S.D., No. 10,444 (S.D.Tex.
discussed Cited "see" Bradley v. Milliken
E.D. Mich. · 1978 · signal: see · confidence high
See Calhoun v. Cook, 522 F.2d 717 (5th Cir.), rehearing denied 525 F.2d 1203 (5th Cir. 1975); Hobson v. Hansen, 327 F.Supp. 844 (D.D.C.1971); Tasby v. Estes, 412 F.Supp. 1192 (N.D.Texas 1975); United States v. Choctaw County Board of Education, 339 F.Supp. 901 (S.D.Ala.1971); Carr v. Montgomery County Board of Education, 377 F.Supp. 1123 (M.D.Ala.1974), aff’d, 511 F.2d 1374 (5th Cir.), cert. denied 423 U.S. 986 , 96 S.Ct. 394 , 46 L.Ed.2d 303 (1975).
discussed Cited "see" Eddie Mitchell Tasby and Phillip Wayne Tasby, by Their Parent and Next Friend, Sam Tasby, Cross Metropolitan Branches of the Dallas N. A. A. C. P., Plaintiffs-Intervenors Appellants-Cross v. Dr. Nolan Estes, Cross Eddie Mitchell Tasby and Phillip Wayne Tasby, by Their Parent and Next Friend, Sam Tasby, Metropolitan Branches of the Dallas N. A. A. C. P., Plaintiffs-Intervenors v. Dr. Nolan Estes, Concerned Citizens of Glenview v. Dr. Nolan Estes, General Superintendent
5th Cir. · 1978 · signal: see · confidence high
See Calhoun v. Cook, 522 F.2d 717 (5th Cir.), rehearing denied, 525 F.2d 1203 (5th Cir. 1975) (discussing similar developments in Atlanta, Georgia). 4 In devising its plan, the district court considered numerous proposals to desegregate the school system.
cited Cited "see" Tasby v. Estes
5th Cir. · 1978 · signal: see · confidence high
See Calhoun v. Cook, 522 F.2d 717 (5th Cir.), rehearing denied, 525 F.2d 1203 (5th Cir. 1975) (discussing similar developments in Atlanta, Georgia).
discussed Cited "see, e.g." Stell v. Bd. of Public Educ. of City of Savannah
S.D. Ga. · 1988 · signal: see also · confidence low
See also Calhoun v. Cook, 522 F.2d 717 , on reh'g, 525 F.2d 1203 (5th Cir.1975) (Atlanta school desegregation plan approved over objection that it should have required noncontinguous pairing and busing).
discussed Cited "see, e.g." Donald Price and Melvin E. Price, Minors v. The Denison Independent School District (2×)
5th Cir. · 1983 · signal: see, e.g. · confidence low
See e.g., Calhoun v. Cook, 522 F.2d 717 , rehearing and rehearing en banc denied, 525 F.2d 1203 (5th Cir.1975); Stout v. Jefferson County Board of Education, 537 F.2d 800 , 803 (5th Cir.1976). 57 See also Tasby v. Wright, 520 F.Supp. 683, 709-12 (N.D.Tex.1981), 542 F.Supp. 134 (N.D.Tex. 1982) ( 520 F.Supp. at 711 and n. 63, rejecting the “sliding tolerances” formula ap- proach testified to there by Dr. Foster).
cited Cited "see, e.g." Bradley v. Milliken
6th Cir. · 1976 · signal: compare · confidence low
Compare Calhoun v. Cook, 522 F.2d 717 (5th Cir. 1975), rehearing denied, 525 F.2d 1203 (1975). 81 Plaintiffs urge that we reverse and require the District Court to adopt the plan proposed by them.
cited Cited "see, e.g." Bradley v. Milliken
6th Cir. · 1976 · signal: compare · confidence low
Compare Calhoun v. Cook, 522 F.2d 717 (5th Cir. 1975), rehearing denied, 525 F.2d 1203 (1975).
Retrieving the full opinion text from the archive…
Vivian CALHOUN Et Al., Plaintiffs-Appellants, Deborah Birt Et Al., Intervenors-Appellants, Emma Armour Et Al., Intervenors-Appellants,
v.
Ed S. COOK Et Al., Defendants-Appellees
74--2784.
Court of Appeals for the Fifth Circuit.
Dec 31, 1975.
525 F.2d 1203
1975 U.S. App. LEXIS 11212
Elizabeth R. Rindskopf, John R. Myer, Atlanta, Ga., Norman J. Chachkin, Jack Greenberg, James M. Nabrit, III, New York City, for Calhoun and others., Margie Pitts Hames, Glenna L. Stone, Atlanta, Ga., for Armour and others., Warren C. Fortson, Prentiss Q. Yancey, Jr., Bruce H. Beerman, Atlanta, Ga., for defendants-appellees., ON PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC
Wisdom, Thornberry, Clark.
Cited by 25 opinions  |  Published
PER CURIAM:

The Petitions for Rehearing are denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petitions for Rehearing En Banc .are denied.

Plaintiff-appellants assert that our holding is inconsonant with the rule of Davis v. School Commissioners of Mobile County, 402 U.S. 33, 37, 91 S.Ct. 1289, 1292, 28 L.Ed.2d 577 (1971), requiring “every effort to achieve the greatest possible degree of actual desegregation, taking into account the practicalities of the situation” and the rule of United States v. Jefferson County Board of Education, 372 F.2d 836 (5th Cir. 1966), affirmed en banc 380 F.2d 385, 389 (1967), that “public schools in this circuit have the affirmative duty under the Fourteenth Amendment to bring about an integrated, unitary school system in which there are no Negro schools and no white schools — just schools.”

These assertions are inaccurate. This panel could not and does not depart from prior precedents. It would blink reality and authority, however, to hold the Atlanta School System to be nonunitary because further racial integration is theoretically possible and we expressly decline to do so. See Carr v. Montgomery County Board of Education, D.C., 377 F.Supp. 1123, affirmed 511 F.2d 1374 (5th Cir.), rehearing and rehearing en banc denied 511 F.2d at 1390 (June 27, 1975), cert. denied - U.S. -, 96 S.Ct. 394, 46 L.Ed.2d 303 (Nov. 17, 1975). We also judicially notice the corresponding declaration of unitary status by Judge Herbert W. Christenberry relating[*1204] to the Orleans Parish School System. Bush v. Orleans Parish School Board, Civ.Ac.No. 3630 (E.D.La., August 22, 1975).