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UNITED STATES v. STATE OF MISSISSIPPI

No. 72-2521.

499 F.2d 425 (1974)

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.

August 23, 1974.

Attorney(s) appearing for the Case

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

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

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

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

Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

GEWIN, Circuit Judge:

The Smith County, Mississippi Board of Supervisors (hereinafter the "Supervisors") leased an unused public school facility to the Sylvarena Civic Center Association (hereinafter the "Association"). Thereafter, the Association subleased the facility to the Sylvarena Baptist Academy (hereinafter the "Academy"), a private segregated school, to house its students and teachers. In response to these developments, the United States Department of Justice...

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