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RILEY v. ADIRONDACK SOUTHERN SCH. FOR GIRLS

No. 74-1976.

541 F.2d 1124 (1976)

Marcellette RILEY, Infant, by Arlizabeth Riley, her mother, Plaintiffs-Appellants, v. ADIRONDACK SOUTHERN SCHOOL FOR GIRLS and Dr. George H. Longstaff, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 5, 1976.

Attorney(s) appearing for the Case

Morris W. Milton, Petersburg, Fla., for plaintiffs-appellants.

Brian K. Landsberg and Judith E. Wolf, Civil Rights Division, Dept. of Justice, Washington, D. C., John L. Briggs, U. S. Atty., Jacksonville, Fla., amicus curiae, for the United States.

Donald E. Van Koughnet, Miami, Fla., for defendants-appellees.

Lawrence R. Metsch, Miami, Fla., amicus curiae, for Dade Christian Schools, Inc., and others.

Before BROWN, Chief Judge, TUTTLE, GEWIN, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.

TUTTLE, Circuit Judge:

This case, originally submitted after oral argument to a panel of this Court, was subsequently ordered reargued before the Court en banc, 522 F.2d 622 (5th Cir. 1975). Following the en banc argument the Court determined to defer consideration and decision of the case until the Supreme Court should decide the case of Runyon v. McCrary in which the Court had granted certiorari on November...

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