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BOSSIER PARISH SCHOOL BOARD v. LEMON

No. 22675.

370 F.2d 847 (1967)

BOSSIER PARISH SCHOOL BOARD et al., Appellants, v. Ura Bernard LEMON et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 6, 1967.

Attorney(s) appearing for the Case

J. Bennett Johnston, Jr., Shreveport, La., Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Baton Rouge, La., William P. Schuler, Asst. Atty. Gen., State of Louisiana, Louis H. Padgett, Jr., Dist. Atty., Bossier Parish, La., for appellants.

Norman C. Amaker, New York City, St. John Barrett, Albert S. Pergam, Attys., Dept. of Justice, Washington, D. C., Jesse N. Stone, Jr., Shreveport, La., Jack Greenberg, Sheila Rush, New York City, for appellees.

Ford E. Stinson, Benton, La., amicus curiae.

John Doar, Asst. Atty. Gen., Edward L. Shaheen, U. S. Atty., Harold H. Greene, David Rubin, Joel M. Finkelstein, Attorneys, Department of Justice, Washington, D. C., for appellee-intervenor.

Before BROWN, BURGER, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge:

This Court has had to deal with a variety of reasons that school boards have managed to dredge up to rationalize their denial of the constitutional right of Negro school children to equal educational opportunities with white children. This case presents a new and bizzare excuse. Here the alleged reason for the admitted discrimination is that the Negro children are "federal children"; they are children of parents in uniform who are stationed...

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