446 U.S. 236
100 S.Ct. 1519
64 L.Ed.2d 181
Robert R. WILLIAMS et al., Appellants,v.Leila G. BROWN et al.
No. 78-357.
April 22, 1980.

On Appeal from the United States Court of Appeals for the Fifth Circuit.
Facts and opinion, Brown v. Moore, D.C., 428 F.Supp. 1123.
Case below, Brown v. Moore, 575 F.2d 298.
Charles S. Rhyne, Washington, D.C., for appellants in No. 77-1844.
James U. Blacksher, Mobile, Ala., for appellees in No. 77-1844.
James P. Turner, Washington, D.C., for the United States, as amicus curiae, in support of appellees in both cases.
William H. Allen, Washington, D.C., for appellants in No. 78-357.
Eric Schnapper, Washington, D.C., for appellees in No. 78-357.
PER CURIAM.


1
The judgment of the Court of Appeals is vacated and the case is remanded to that court for further proceedings in light of the decision of the Court announced today in City of Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1490, 64 L.Ed.2d 47.


2

It is so ordered.



3
Mr. Justice BLACKMUN, concurring.


4
I, of course, must accept the Court's vacation of the judgment and its remand.  If, however, we were to reach themerits, then, in contrast to the result in City of Mobile v. Bolden, ante, 446 U.S. 55, 100 S.Ct. 1490, 64 L.Ed.2d 47, I would affirm the judgment of the Court of Appeals in this case.


5
Mr. Justice WHITE, dissenting.


6
Because the decision below in this case is based on findings of fact and conclusions of law virtually identical to those in City of Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1490, 64 L.Ed. 47, I dissent for the reasons stated in my opinion in that case, ante, p. 94, 100 S.Ct., p. 1514.

