Two questions are examined in this brief for the United States, on petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit: (1) whether the Austin Independent School District (AISD) has engaged in racial discrimination against its black and Mexican American students, and, (2) whether the Court of Appeals erred in remanding the case for development of a plan that supplies relief from the effects of the discrimination in the elementary schools against Mexican American students. The United States instituted this school desegregation suit in the U.S. District Court for the Western District of Texas pursuant to Section 407 of the Civil Rights Act of 1964. On September 4, 1970, the District Court entered an interim order directing AISD to implement standard provisions requiring desegregating districts in the Fifth circuit to eliminate racial discrimination in several aspects of school operations. After a six-day trial in 1971, the District Court held that AISD had not discriminated against Mexican Americans. The Court of Appeals reversed this decision. On remand, the District Court once more concluded that the AISD had not discriminated against Mexican Americans. A panel of the Court of Appeals reversed again. It remanded for the formulation of an appropriate plan for complete desegregation. After arguing the brief for the United States, it is submitted that United States of America, et al., do not oppose the granting of the petition for a writ of certiorari. (Author/JM)