McDANIEL v. BOARD OF PUBLIC INSTRUCTION

Civ. No. 70.

39 F.Supp. 638 (1941)

McDANIEL v. BOARD OF PUBLIC INSTRUCTION FOR ESCAMBIA COUNTY, FLA., et al.

District Court, N. D. Florida, Pensacola Division.

July 3, 1941.


Attorney(s) appearing for the Case

McGill & McGill, of Jacksonville, Fla., and Thurgood Marshall, of New York City, for plaintiff.

Philip D. Beall, Jr., of Pensacola, Fla., Keen & Allen and J. Velma Keen, all of Tallahassee, Fla., and Lamar Sarra, of Tampa, Fla., for defendants.


LONG, District Judge.

This cause is before the court upon motion of defendants to dismiss the action because the complaint fails to state a claim against the defendants or either of them upon which relief can be granted. The complaint is to obtain a declaratory judgment declaring that the policy of the defendants in adopting and enforcing a salary schedule fixing the salaries of the plaintiff and other negro teachers and principals at a rate lower than that paid to...

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