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ADKINS v. DUVAL COUNTY SCHOOL BOARD

No. 74-1653.

511 F.2d 690 (1975)

William H. ADKINS, Plaintiff-Appellant, v. The DUVAL COUNTY SCHOOL BOARD et al., Defendants-Appellees. Jeff Dolan WILLMON, Jr., Plaintiff-Appellant, v. NASSAU COUNTY SCHOOL BOARD, Defendant-Appellee. Ruth B. WILSON, Plaintiff-Appellant, v. The DUVAL COUNTY SCHOOL BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 21, 1975.

Attorney(s) appearing for the Case

William H. Maness, Jacksonville, Fla., for plaintiffs-appellants.

Richard H. Frank, Tampa, Fla., amicus curiae.

William L. Allen, Asst. Gen. Counsel, Daniel U. Livermore, Jr., Jacksonville, Fla., for Duval County School Bd., and others.

Brian T. Hayes, Tallahassee, Fla., for Nassau County School Bd.

Before TUTTLE, RONEY and GEE, Circuit Judges.

RONEY, Circuit Judge:

Three suits consolidated on appeal present this single issue: Is a Florida school board a "person" within the meaning of 42 U.S.C.A. § 1983, which provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges...

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