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LOUISIANA STATE BOARD OF EDUCATION v. BAKER

No. 21138.

339 F.2d 911 (1964)

LOUISIANA STATE BOARD OF EDUCATION et al., Appellants, v. Edward BAKER et al., Appellees.

United States Court of Appeals Fifth Circuit.

December 11, 1964.

Attorney(s) appearing for the Case

William P. Schuler, Asst. Atty. Gen., Arabi, La., Jack P. F. Gremillion, Atty. Gen. of Louisiana, Baton Rouge, La., George M. Ponder, Asst. Atty. Gen., for appellants.

A. P. Tureaud, New Orleans, La., A. M. Trudeau, Jr., Ernest N. Morial, New Orleans, for appellees.

Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.

WISDOM, Circuit Judge:

Six times in recent years the Attorney General of Louisiana has contended in a "school segregation" case that the Eleventh Amendment shields the State and its agencies from being sued without the consent of the State. Ex parte Young, 1908, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714, is no stranger to the Attorney General of Louisiana, but he takes the stand that the Ex parte Young doctrine is limited to actions...

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