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LEE COUNTY SCHOOL DISTRICT NUMBER 1 v. GARDNER

Civ. A. No. 66-718.

263 F.Supp. 26 (1967)

LEE COUNTY SCHOOL DISTRICT NUMBER 1, Board of Education of Lee County, South Carolina, W. Ray Alexander, Jr., Chairman, Don D. Grant, G. Hugh Montgomery, Leroy B. Dennis, Jr., John Houser, Jr., Ray Lyles, and B. K. Phillips, Members, and Boyd L. Stokes, Superintendent of Education of Lee County, South Carolina, Plaintiffs, v. John W. GARDNER, as Secretary of the Department of Health, Education, and Welfare, Harold Howe, II, as United States Commissioner of Education, Defendants.

United States District Court D. South Carolina, Columbia Division.

Decided January 16, 1967.

Attorney(s) appearing for the Case

Daniel R. McLeod, Atty. Gen., of South Carolina, Harry M. Lightsey, Jr., Asst. Atty. Gen., Columbia, S. C., and Dan F. Laney, Jr., Bishopville, S. C., for plaintiffs.

Terrell L. Glenn, U. S. Atty., Charles Porter, Asst. U. S. Atty., Columbia, S. C., and James W. Phillips, Dept. of Justice, Washington, D. C., for defendants.

HEMPHILL, District Judge.

The Board of Education of Lee County School District Number One, instituted this action against John W. Gardner, as Secretary of Health, Education and Welfare, and Harold Howe, II, as the United States Commissioner of Education. The matter before the court at this time is defendants' motion to dismiss. The defenses set forth in that motion, which shall be set forth more fully below, are that the action is one against the United States and...

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