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SPENCE v. BAILEY

Civ. No. C-70-198.

325 F.Supp. 601 (1971)

John W. SPENCE, Father and Next Friend of John W. Spence, Jr., Plaintiff, v. Edgar H. BAILEY et al., Defendants.

United States District Court, W. D. Tennessee, W. D.

April 29, 1971.

Attorney(s) appearing for the Case

David E. Caywood, Memphis, Tenn., for plaintiff.

Ernest G. Kelly, Jr., Evans, Petree & Cobb, Memphis, Tenn., for defendants.

OPINION AND DECLARATORY JUDGMENT

BAILEY BROWN, Chief Judge.

Plaintiff, John W. Spence, brings this action as father and next friend of John W. Spence, Jr., (hereinafter John) under 42 U.S.C. § 1983. The plaintiff seeks an injunction requiring the defendants to allow John to graduate from high school and also seeks a declaration that the defendants' actions in refusing to award him a diploma were illegal and unconstitutional. Defendants were the members...

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