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..... } M 1 - DL N3-T39 on September 27, 1957, defendants filed an appeal to the U. S. Court of Appeals for the Fifth Circuit, rrom the final Judgment herein; entered on September 9, l957, on October 3, 1957. the U. S. Court of Appeals for the Fifth Circuit ordered that the application for leave to file petition for srit of mandamus be set for hearing and oral argument, along with and at the same time as the appeal, at the forth- coming session of the Court at Fort North, Texas, at 10:00 AM, Friday, November 22, 1957. with reference to the petition on which ruling was entered by the Appeals Court on August 27, 1957, the denial reads as follows: Per curism: by petition for rehearing the appellees express their apprehension that, under the terms of an Act of the 1957 Texas Legislature approved by the Governor on the 23rd day of lay, 1957, and to become effective on to wit August 23, 1957, their obedience to the order of the district court to be issued upon remand, pursuant to the directions of this court, lay result in the loss to the School District of some six million dollars $6,000,000.00! a year or aid from the State of Texas and in the imposition by the State of penalties upon the persons carrying out such order. That set, of course, cannot operate to relieve the members of this Court of their sworn duty to support the Constitution of the United States, the same duty which rests upon the members of the several State Legislatures and all executive and Judicial officers of the several states. we cannot assume that that solem sworn duty sill be breached by any officer, State or Federal. If, however, it should be, then the Board of Trustees of the School District and the persons carrying out the order to be issued by the district court, are not without their legal remedies. The petition for rehearing is denied. This order filed at Dallas, Texas, by Clerk, U. S. gégtrict Court for the Northern District of Texas, September 9, - pa - "J _ 3 - - 92Lf