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EAST BATON ROUGE PARISH SCHOOL BOARD v. DAVIS

No. 18524.

287 F.2d 380 (1961)

EAST BATON ROUGE PARISH SCHOOL BOARD and Lloyd Funchess, Superintendent of Said School Board, Appellant, v. Clifford Eugene DAVIS, Jr., a minor by his father and next friend, Clifford Eugene Davis, Sr., et al., Appellees. Robert O. McCRAINE, Jr., et al., Appellants, v. Clifford Eugene DAVIS, Jr., a minor by his father and next friend, Clifford Eugene Davis, Sr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 13, 1961.

Attorney(s) appearing for the Case

J. Y. Sanders, Jr., J. St. Clair Favrot, Dist. Atty., Baton Rouge, La., William P. Schuler, Asst. Atty. Gen., of La., Wade H. Heaton, Sargent Pitcher, Jr., Dist. Atty., Ralph L. Roy, Jack P. F. Gremillion, Baton Rouge, La., Carroll Buck, Amite, La., John F. Ward, Jr., Asst. Dist. Atty., Baton Rouge, La., for appellants.

A. P. Tureaud, New Orleans, La., Constance Baker Motley, New York City, A. M. Trudeau, Jr., Ernest N. Morial, New Orleans, La., Thurgood Marshall, New York City, for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MIZE, District Judge.

TUTTLE, Chief Judge.

Most of the questions raised by this appeal have been disposed of adversely to the appellants in the companion case of St. Helena Parish School Board et al. v. Hall et al., 5 Cir., 287 F.2d 376. The contentions, (1) that this action is a suit against the State, and (2) that it fails to state a cause of action because the State of Louisiana has adopted a pupil placement law, are fully dealt with there, as they...

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