U.S. Court of Appeals for the Fifth Circuit, 1970

United States v. Carroll County Board of Education v. Linwood Woodson, Louise P. Holmes, Proposed Intervenors-Appellants

U.S. Court of Appeals for the Fifth Circuit · Decided June 1, 1970 · Brown, Morgan, Ingraham

427 F.2d 141; 14 Fed. R. Serv. 2d 216; 1970 U.S. App. LEXIS 8976 (Federal Reporter, Second Series)

Counsel

John Brittain, Kent Spriggs, Oxford, Miss., John McCreery, Alix Sanders, John Maxey, Greenwood, Miss., for appellants., Mack L. Boykin, Carrollton, Miss., for appellees., H. M. Ray, U. S. Atty., Oxford, Miss., Robert A. Murphy, Dept, of Justice, Washington, D. C., for other interested parties.

Cases that cite this one

11 later published cases cite this decision. The 9 that cite it most often are listed here.

Beryl N. Jones v. Caddo Parish School Board v. June Phillips, Movant-Appellant (5th Cir. 1983)
Kenneth Adams v. Terrel H. Bell, Individually, and as Secretary of the Department of Education (D.C. Cir. 1983)
In the Matter of Carson (Mass. App. Ct. 1978)
Moore v. Tangipahoa Parish School Board (United States District Court Eastern District of Louisiana 2021)
Edwards v. City of Houston (5th Cir. 1996)
17 Fair empl.prac.cas. 528, 14 Empl. Prac. Dec. P 7813 Eddie Stallworth v. Monsanto Company v. J. W. Palmer, Movants-Appellants (5th Cir. 1977)
Firebird Society of New Haven, Inc. v. New Haven Board of Fire Commissioners (United States District Court for the District of Connecticut 1975)
Rios v. Enterprise Ass'n Steamfitters Local Union 638 (2d Cir. 1975)
William M. Holland, Jr. v. The Board of Public Instruction of Palm Beach County, Florida, Etc., James L. Barnette, Jr., Intervenor-Appellant (5th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This appeal arises from the denial by the district court of a petition to intervene in a school desegregation case instituted by the United States Attorney General pursuant to 42 U.S.C. § 2000e-6.

The merits of school desegregation in Carroll County are not before us, only the motion of the proposed intervenors for summary reversal of the district court’s order denying intervention.

The main suit, in which petitioners seek to intervene, has been churning through the judicial machinery for nearly five years. The judicially approved school desegregation plan, with the acceptance of both parties in the court below, was ordered into effect on May 19, 1969. Petitioners did not seek to intervene until October 16, 1969.

This court cannot say that the representation afforded by the United States Attorney General for the black students and parents of Carroll County was inadequate as a matter of law, thus allowing intervention as a matter of right. Fed.R.Civ.P. 24(a).

Moreover, the finding by the district court that the motion to intervene was not timely filed in view of the present posture of the case does not evidence an abuse of discretion requiring reversal.

Accordingly, the motion of ProposedIntervenors for summary reversal of the order of the district court is denied and the appeal is dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.