BATTLE v. CHERRY

Civ. A. No. 15228.

339 F.Supp. 186 (1972)

Myrtice BATTLE et al., Plaintiffs, v. James D. CHERRY, Superintendent of DeKalb County School System, et al., Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

February 2, 1972.


Attorney(s) appearing for the Case

A. C. Latimer, Atlanta, Ga., for plaintiff.

Murphey Candler, Jr. and Gary M. Sams, Decatur, Ga., for James D. Cherry, Supt. & Members of DeKalb County Bd. of Ed.

Arthur K. Bolton, Atty. Gen., Alfred L. Evans, Jr., Asst. Atty. Gen., Atlanta, Ga., for Nix, Blackmon, Bolton, Davis, Burson, Hendricks, Griffin, Smith, Whaley, Rice, Kilpatrick, Stewart, Dewar, Neville and Huseman.

Before MORGAN, Circuit Judge, and EDENFIELD and FREEMAN, District Judges.


EDENFIELD, District Judge:

By this purported class action suit,1 plaintiffs seek declaratory and injunctive relief respectively with regard to the constitutionality and enforcement of a portion of the Georgia Minimum Foundation Program of Education Act of 1964. Ga.Code Ann. § 32-601 et seq. This action is brought by plaintiffs in their dual capacities as taxpayers residing within the independent...

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