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LEE v. MACON COUNTY BOARD OF EDUCATION

Civ. A. No. 604-E.

270 F.Supp. 859 (1967)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae, v. MACON COUNTY BOARD OF EDUCATION et al., John W. Gardner, as Secretary of Health, Education and Welfare of the United States, F. Peter Libassi, as Special Assistant to the Secretary of Health, Education and Welfare for Civil Rights and Director of the Office for Civil Rights of Health, Education and Welfare, and James R. Dunn, Attorney, United States Department of Health, Education and Welfare, Defendants.

United States District Court M. D. Alabama, E. D.

July 28, 1967.

Attorney(s) appearing for the Case

Fred D. Gray, Gray & Seay, Montgomery, Ala., and Melvyn Zarr, New York City, for plaintiffs.

Ben Hardeman, U. S. Atty., Montgomery, Ala., and St. John Barrett and Brian K. Landsberg, Attys., United States Dept. of Justice, Washington, D. C., for Department of Health, Education and Welfare.

Gordon Madison, Asst. Atty. Gen., of Alabama, and Maury D. Smith, Goodwyn, Smith & Bowman, Montgomery, Ala., for defendant State of Alabama officials.

Before RIVES, Circuit Judge, and GROOMS and JOHNSON, District Judges.

PER CURIAM:

On March 22, 1967, this Court entered its order in this case1 permanently enjoining the defendant State Board of Education, its members and the State Superintendent of Education from discriminating on the basis of race in the operation or conduct of the public schools of Alabama and requiring them to take affirmative action to disestablish all State enforced or encouraged public...

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