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KELLEY v. ALTHEIMER, ARKANSAS PUBLIC SCHOOL DIST. NO. 22

No. 18528.

378 F.2d 483 (1967)

Moses KELLEY, on Behalf of Himself and His Minor Children, Moses Kelley, Jr., et al., Appellants, v. The ALTHEIMER, ARKANSAS PUBLIC SCHOOL DISTRICT NO. 22, a Public Body Corporate, and The J. E. Stowers Construction Company, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 20, 1967.

Rehearing Denied May 9, 1967.

Attorney(s) appearing for the Case

Michael Meltsner, New York City, for appellants; Jack Greenberg and James M. Nabrit, III, New York City, John W. Walker, Little Rock, Ark., and Delector Tiller, Little Rock, Ark., on the brief.

Robert V. Light, Little Rock, Ark., for appellees; Herschel H. Friday, Little Rock, Ark., and E. Harley Cox, Jr., Pine Bluff, Ark., on the brief.

Before MATTHES, LAY and HEANEY, Circuit Judges.

Rehearing En Banc Denied May 9, 1967.

HEANEY, Circuit Judge.

On February 15, 1966, the appellants, Negro citizens and residents of Altheimer Public School District No. 22, Jefferson County, Arkansas, initiated a class action suit in equity pursuant to Title 42, U.S.C. § 1983. In their Complaint, they asked for a preliminary and permanent injunction enjoining the Altheimer Public School District and the J. E. Stowers Construction Company from continuing...

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