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DEBRA P. v. TURLINGTON

No. 79-3074.

644 F.2d 397 (1981)

DEBRA P., a minor by Irene P., her mother and next friend et al., Plaintiffs-Appellees, Cross-Appellants, v. Ralph D. TURLINGTON, individually and as Commissioner of Education et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied September 4, 1981.

Attorney(s) appearing for the Case

W. Crosby Few, Tampa, Fla., James D. Little, Gen. Counsel, Judith A. Brechner, Deputy General Counsel, State Board of Education, Tallahassee, Fla., for defendants-appellants cross-appellees.

Irving Gornstein, Washington, D. C., amicus curiae, U. S. A.

Stephen F. Hanlon, Robert J. Shapiro, Bay Area Legal Services, Inc., Tampa, Fla., Diana Pullin, Cambridge, Mass., Roger L. Rice, Richard Jefferson, Center for Law and Ed., Peter M. Siegel, Miami, Fla., for plaintiffs-appellees, cross-appellants.

David Rubin, Stephen J. Pollak, Richard M. Sharp, Washington, D. C., amicus curiae.

Before FAY and VANCE, Circuit Judges and ALLGOOD, District Judge.

Rehearing En Banc Denied September 4, 1981.

FAY, Circuit Judge:

The State of Florida, concerned about the quality of its public educational system, enacted statutory provisions leading to the giving of a competency examination covering certain basic skills. Many students passed the examination but a significant number failed. The failing group included a disparate number of blacks. This class action, brought on their behalf, challenges the right of the state...

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