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WARD v. KELLY

No. 72-2279.

476 F.2d 963 (1973)

Eugene Harry WARD, Plaintiff-Appellant, v. Harold C. KELLY, Superintendent of Education, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 16, 1973.

Attorney(s) appearing for the Case

Nausead Stewart, Melvyn R. Leventhal, Jackson, Miss., for plaintiff-appellant.

T. H. Campbell, III, John C. Satterfield, Yazoo City, Miss., for defendants-appellees.

Before GEWIN, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

We affirm the District Court's determination that this is not a proper class action because the size of the class is demonstrably small. Each member of the alleged class could be joined in this litigation without undue burden on the plaintiff.

We reverse and remand on the issues concerning plaintiff's dismissal, demotion, and failure to be rehired by the school board. A hearing before the school board...

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