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UNITED STATES v. BOARD OF PUBLIC INSTRUCTION OF POLK CO., FLA.

No. 25768.

395 F.2d 66 (1968)

UNITED STATES of America, Appellant, v. BOARD OF PUBLIC INSTRUCTION OF POLK COUNTY, FLORIDA, Appellee.

United States Court of Appeals Fifth Circuit.

April 18, 1968.

Attorney(s) appearing for the Case

Frank M. Dunbaugh, Atty., Dept. of Justice, Washington, D. C., Stephen J. Pollak, Asst. Atty. Gen., Edward F. Boardman, U. S. Atty., John S. Hedland, Richard G. McBroom, Attorneys, Department of Justice, Washington, D. C., for appellant.

Clarence Boswell, Bartow, Fla., for appellee.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.

TUTTLE, Circuit Judge:

This is an appeal by the United States, an intervenor in a school desegregation suit originally filed by Negro residents of Polk County, from a denial by the district court of an injunction against the building of a new grammar school allegedly in violation of the "new construction" provisions of the Jefferson County requirements of this court. See United States et al. v. Jefferson County Board of Education, 5 Cir., 380 F.2d...

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