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SOCIETY OF ALUMNI v. BOARD OF EDUCATION

247 S.W.2d 369 (1952)

SOCIETY OF ALUMNI OF LOUISVILLE MALE HIGH SCHOOL, Inc. v. BOARD OF EDUCATION OF LOUISVILLE.

Court of Appeals of Kentucky.

March 21, 1952.

Attorney(s) appearing for the Case

Henry L. Brooks, J. B. Young and Martin J. Duffy, Jr., all of Louisville, for appellant.

William T. Baskett, Lawrence S. Grauman, Louisville, for appellee.

CAMMACK, Chief Justice.

In January, 1950, the appellant in this action, Society of the Alumni of the Louisville Male High School, instituted a declaratory judgment proceeding wherein it challenged the right of the Board of Education of Louisville to institute a program of coeducation in the Louisville Male High School. The challenge was based upon a provision in the deed to the land on which the school plant is located specifying that the property could be used ouly...

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