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OLIVER v. KALAMAZOO BOARD OF EDUCATION

C. A. No. K-88-71.

346 F.Supp. 766 (1972)

Michelle OLIVER, by her Father and Next Friend, et al., Plaintiffs, v. KALAMAZOO BOARD OF EDUCATION, a body corporate, et al., Defendants.

United States District Court, W. D. Michigan, S. D.

Memorandum Opinion and Modified Preliminary Injunction October 7, 1971.

On Motion for Protective Order July 26, 1972.

Attorney(s) appearing for the Case

Howard & Howard, Kalamazoo, Mich., Nathaniel R. Jones, Gen. Counsel, NAACP, New York City, Dunnings & Gibson by Stuart J. Dunnings, Jr., Lansing, Mich. (Philip Hummer by Richard Enslen, Kalamazoo, Mich., of counsel), for plaintiffs.

Foster, Lindemer, Swift & Collins by James A. White, Lansing, Mich. (Theodore W. Swift, Lansing, Mich., of counsel), for Kalamazoo City Education Assn. and Michigan Education Assn., as amici curiae.

Ford, Kriekard, Staton & Allen by Arthur Staton, Jr., Gordon H. Kriekard and W. Fred Allen, Jr., Kalamazoo, Mich., Michael H. Jackson, Denver, Colo., for defendant, Kalamazoo Board of Education.

Eugene Krasicky, Asst. Atty. Gen., Lansing, Mich., for Michigan State Board of Education and John W. Porter.

OPINION OF THE COURT

FOX, Chief Judge.

The jurisdiction of this Court is properly invoked under 28 U.S.C. Sections 1331(a), 1343(3) and (4), this being a suit in equity authorized by Title 42 U. S.C. Sections 1983, 1988 and 2000d.

Jurisdiction is also invoked under 42 U.S.C. § 1981, and further invoked under 28 U.S.C. Sections 2201 and 2202, this being a suit for declaratory judgment seeking to declare the July 6, 1971 resolution of the Kalamazoo...

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