Texas Law Review, Vol. 54, No. 4 (May 1976), pp. 822-835. Copyright Texas Law Review Association (English version only).


Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing various proposed desegregation plans, the court ordered Ferguson to annex Kinloch and Berkeley. Affirmed in pertinent part. A federal court can order the implementation of an interdistrict remedy where adjacent school districts and the state have maintained a de jure segregated district for racially discriminatory reasons.