opinion: CARTER et al. v. WEST FELICIANA PARISH SCHOOL BOARD et al.
  No. 944.
  Decided December 13, 1969
  See 419 F. 2d 1211.
  Richard B. Sobol, Murphy W. Bell, Robert F. Collins, Norman C. Amaker, and Melvyn Zarr for petitioners.
  Per Curiam.
  This matter reaches the Court on an application presented to Mr. Justice Black, as Circuit Justice for the Fifth Circuit, seeking a temporary injunctive order and other relief; and it appearing that
  1. Three cases were originally filed in 1965, seeking the desegregation of three Louisiana school districts.
  2. Pursuant to orders of the District Courts, in July of this year the Office of Education of the United States Department of Health, Education, and Welfare prepared and submitted terminal desegregation plans for each of the districts here involved for the school year 1969-1970. These plans were rejected by the District Courts.
  3. The District Courts’ orders were reversed by the United States Court of Appeals for the Fifth Circuit sitting en banc, on December 1, 1969, subsequent to this Court’s decision in Alexander v. Holmes County Board of Education, ante, at 19. That court ordered respondent school boards and 13 other school boards to desegregate faculties completely and to adopt plans for conversion to unitary school systems by February 1, 1970, but authorized a delay in pupil desegregation until September 1970.
  4. On December 10,1969, petitioners filed in this Court a petition for a writ of certiorari, together with a motion to advance consideration of the petition and a motion for summary disposition, contending that the decision of the Court of Appeals is inconsistent with this Court’s decision in Alexander v. Holmes County Board of Education, supra. The relief sought on the merits is the implementation of the Department of Health, Education, and Welfare plans for student assignment on or before February 1, 1970, simultaneous with the other steps ordered by the Court of Appeals.
  5. Petitioners, by this application seek a temporary injunctive order
  “requiring the respondent school boards, pending a decision by this Court on the merits, to take all necessary clerical and administrative steps — such as determining new student assignments, bus routes and athletic schedules and preparing for any necessary physical changes — preparatory to complete conversion under the HEW plans by February 1, 1970. If petitioners are successful, the administrative and clerical tasks necessary to conversion will have been undertaken roughly according to the timetable established by the court below in the Alexander cases, and petitioners’ right to effective relief will not have been put in question by the passage of time. If petitioners are unsuccessful in this Court, the school boards would be under no compulsion to convert during this school year.” Application to the Honorable Hugo L. Black, Circuit Justice for the Fifth Circuit, for a Temporary Injunctive Order 3-4. (Footnote omitted.)
  It is hereby adjudged, ordered, and decreed:
  (1) Petitioners’ application for a temporary injunc-tive order requiring the respondent school boards to take such preliminary steps as may be necessary to prepare for complete student desegregation by February 1, 1970, is granted. Alexander v. Holmes County Board of Education, supra.
  (2) By way of interim relief, and pending this Court’s disposition of the petition for certiorari, the judgment of the Court of Appeals is vacated insofar as it deferred desegregation of schools until the school year 1970-1971.
  (3) By way of interim relief pending further order of this Court, the respondent school boards are directed to take no steps which are inconsistent with, or which will tend to prejudice or delay, a schedule to implement on or before February 1, 1970, desegregation plans submitted by the Department of Health, Education, and Welfare for student assignment simultaneous with the other steps ordered by the Court of Appeals.
  (4) The respondents are directed to file any response to the petition herein on or before January 2, 1970.
instruction: What follows is an opinion from the Supreme Court of the United States. Your task is to identify the federal agency involved in the administrative action that occurred prior to the onset of litigation. If the administrative action occurred in a state agency, respond "State Agency". Do not code the name of the state. The administrative activity may involve an administrative official as well as that of an agency. If two federal agencies are mentioned, consider the one whose action more directly bears on the dispute;otherwise the agency that acted more recently. If a state and federal agency are mentioned, consider the federal agency. Pay particular attention to the material which appears in the summary of the case preceding the Court's opinion and, if necessary, those portions of the prevailing opinion headed by a I or II. Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law. If an agency or agency official "denies" a "request" that action be taken, such denials are considered agency action. Exclude: a "challenge" to an unapplied agency rule, regulation, etc.; a request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred; a mere request for an agency to take action when there is no evidence that the agency did so; agency or official action to enforce criminal law; the hiring and firing of political appointees or the procedures whereby public officials are appointed to office; attorney general preclearance actions pertaining to voting; filing fees or nominating petitions required for access to the ballot; actions of courts martial; land condemnation suits and quiet title actions instituted in a court; and federally funded private nonprofit organizations.
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