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McNEAL v. TATE COUNTY SCHOOL DISTRICT

No. 30722.

460 F.2d 568 (1972)

Kelly McNEAL et al., Plaintiffs-Appellants, v. TATE COUNTY SCHOOL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 7, 1972.

Attorney(s) appearing for the Case

Robert J. Kelly, Batesville, Miss., for plaintiffs-appellants.

Leon E. Hannaford, Senatobia, Miss., Semmes Luckett, Clarksdale, Miss., Roy E. Johnson, Senatobia, Miss., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 7, 1972.

LEWIS R. MORGAN, Circuit Judge:

This is an action to set aside the sale of public school property to an all-white private school. The district court upheld the sale. We reverse.

Plaintiffs-appellants are black citizens of Tate County, Mississippi. They filed suit under 42 U.S.C. §§ 1981, 1983, and 28 U.S.C. § 1343, seeking equitable relief against the sellers of the property, the Tate...

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