American Notes TOPEKA

When the U.S. Supreme Court ruled in 1954 that the four all-black elementary schools in Topeka were "inherently unequal," the landmark Brown v. Board of Education decision paved the way for desegregation efforts nationwide. Last week the battle returned to Topeka after a federal appeals court in Denver found that the school system continues to be racially segregated.

Topeka (pop. 120,000) is not actively resisting desegregation, the court found, but the system has been exercising "benign neglect" concerning racial imbalances in some schools. The case has been returned to the U.S. district court in Topeka, which will decide on remedies. Linda Brown Buckner, whose father was the plaintiff in the original case, was among the Topeka parents who revived the lawsuit in 1979. Says her sister, Cheryl Brown Henderson, the family spokeswoman: "The quality of education was slipping, and it appeared that the only way to get attention was legal redress."