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NATIONAL ED. ASS'N, INC. v. LEE COUNTY BD. OF PUBLIC INSTR.

No. 28195.

467 F.2d 447 (1972)

NATIONAL EDUCATION ASSOCIATION, INC., et al., Plaintiffs-Appellees, v. LEE COUNTY BOARD OF PUBLIC INSTRUCTION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 1972.

Attorney(s) appearing for the Case

Julian D. Clarkson, Emmet B. Anderson, Fort Myers, Fla., for defendants-appellants.

Richard H. Frank, Tampa, Fla., Robert H. Chanin, Washington, D. C., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Having previously certified this case to the Supreme Court of Florida for an authoritative resolution of perplexingly difficult State law issues, we can now conclude with absolute assurance that despite a commendable effort the District Court incorrectly decided them. Since we are also convinced that the circumstances revealed by this record present no problem of Federal constitutional proportions...

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