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UNITED STATES v. STATE OF MISSISSIPPI

No. 72-2521.

476 F.2d 941 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF MISSISSIPPI et al. (Smith County School District), Defendants-Appellants, Sylvarena Baptist Academy, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 1973.

Attorney(s) appearing for the Case

Heber Ladner, Jr., Sp. Asst. Atty. Gen., A. F. Summer, Atty. Gen. of Miss., Jackson, Miss. for State of Miss.

Marvin Oates, Bay Springs, Miss., M. M. Roberts, Hattiesburg, Miss., for Sylvarena Baptist Academy.

L. D. Pittman, Raleigh, Miss., for School Board.

Robert E. Hauberg, U. S. Atty., Jackson, Miss., Daniel F. Rinzel, Richard H. Swan, Andrew J. Ruzicho, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before COLEMAN and SIMPSON, Circuit Judges and ESTES, District Judge.

PER CURIAM:

In 1968, the Board of Supervisors of Smith County, Mississippi, leased for a 25-year period the Sylvarena School, a vacant public school building located on certain sixteenth section lands,1 to the Sylvarena Civic Center Association for the sum of $5.00 per year. On August 11, 1970, some seventeen months after the original lease, the district court ordered the Smith County Board of...

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