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TATE v. BOARD OF ED. OF JONESBORO, ARK., SPEC. SCH. DIST.

No. 19968.

453 F.2d 975 (1972)

Mrs. Albert TATE et al., Appellants, v. The BOARD OF EDUCATION OF the JONESBORO, ARKANSAS, SPECIAL SCHOOL DISTRICT, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

January 11, 1972.

Attorney(s) appearing for the Case

Margaret A. Burnham, New York City, and John W. Walker, Little Rock, Ark., Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, New York City, Frank B. Newell, Walker, Rotenberry, Kaplan, Lavey & Hollingsworth, Little Rock, Ark., for appellants.

Berl S. Smith, Barrett, Wheatley, Smith & Deacon, Jonesboro, Ark., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, and MEHAFFY and LAY, Circuit Judges.

MEHAFFY, Circuit Judge.

The sole issue before us is whether or not plaintiffs, the parents of two Negro students attending Jonesboro High School and others similarly situated, have been denied their constitutional rights of freedom of speech, due process and equal protection by their suspension from school for a five-day period (later reduced to three days) for violating the school rules by deliberately attending a regularly scheduled pep rally where they knew that...

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