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GREEN v. KENNEDY

Civ. A. No. 1355-69.

309 F.Supp. 1127 (1970)

William H. GREEN et al., Plaintiffs, v. David M. KENNEDY, Secretary of the Treasury of the United States of America, and Randolph W. Thrower, Commissioner of Internal Revenue, Defendants.

United States District Court District of Columbia.

January 12, 1970.

Attorney(s) appearing for the Case

Frank R. Parker, and James Robertson, Lawyers' Committee for Civil Rights Under Law, Jackson, Miss., and Robert L. Nelson, Lawyers' Committee for Civil Rights Under Law, Washington, D. C., for plaintiffs.

Johnnie M. Walters, Asst. Atty. Gen., Tax Division, for defendants, Richard M. Roberts, Deputy Asst. Atty. Gen., Tax Division, and James L. McBride, Atty., Tax Division, Dept. of Justice, Washington, D. C., and Thomas A. Flannery, U. S. Atty. for the District of Columbia, of counsel.

Before LEVENTHAL, Circuit Judge, WADDY and PRATT, District Judges.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER FOR PRELIMINARY INJUNCTION

PER CURIAM:

Plaintiffs, Negro Federal taxpayers and their minor children attending public schools in Mississippi, have brought this class action to enjoin the Secretary of the Treasury from granting tax exempt status to private schools in Mississippi which discriminate against Negroes in admissions. They claim that sections 170 and 501 of the Internal Revenue Code...

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