Buchanan v. Evans
439 U.S. 1360 (1978)

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U.S. Supreme Court

Buchanan v. Evans, 439 U.S. 1360 (1978)

Buchanan v. Evans

No. A-188

Decided September 1, 1978

439 U.S. 1360

Syllabus

Application to stay, pending the filing of a petition for certiorari, Court of Appeals' judgment and mandate affirming District Court's order prescribing a school desegregation plan for Wilmington, Del., and suburban districts, is denied. The record is replete with findings that de jure segregation has not been dismantled, thus (contrary to the situation in Dayton Board of Education v. Brinkman,433 U. S. 406) justifying the District Court's extensive inter-district remedy. Hence, it does not appear that four Justices of this Court would vote to grant certiorari or that the balance of equities favors applicant.

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