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MORGAN v. RHODES

No. 71-1335.

456 F.2d 608 (1972)

Craig MORGAN et al., Plaintiffs-Appellants, v. James RHODES et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 15, 1972.

Attorney(s) appearing for the Case

Sanford Jay Rosen, New York City, Harold Weinstein, Cleveland, Ohio, on brief; Michael E. Geltner, Stanley K. Laughlin, Columbus, Ohio, Melvin Wulf, Sanford Jay Rosen, Lawrence Sager, New York City, of counsel, for plaintiffs-appellants.

Michael R. Grove, Columbus, Ohio, William J. Brown, Atty. Gen., Thomas V. Martin, Asst. Atty. Gen., Columbus, Ohio, on brief, for defendants-appellees.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

In this case certain students at Kent State University, including officers of the Student Association, and other student organizations, seek broad injunctive relief against the Governor of Ohio and the commanding officers of the Ohio National Guard, and a declaratory judgment, declaring unconstitutional a certain immunity statute, Ohio Rev.Code § 2923.55 (Supp.1969). The complaint was brought under 42 U.S.C. § 1983 (1970), with jurisdiction...

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