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ARMSTRONG v. BD. OF ED. OF CITY OF BIRMINGHAM, ALA.

Civ. A. No. 9678.

430 F.Supp. 595 (1977)

Dwight ARMSTRONG et al., Plaintiffs, United States of America, Plaintiff-Intervenor, Gregory John Katopodis, Plaintiff-Intervenor, v. The BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, ALABAMA, et al., Defendants.

United States District Court, N. D. Alabama, S. D.

April 14, 1977.

Attorney(s) appearing for the Case

Drayton Nabers, Jr., George G. Lynn and Cathy S. Wright, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for plaintiff-intervenor Gregory John Katopodis.

William G. Somerville, Jr., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for defendant Board of Education.

U. W. Clemon Adams, Baker & Clemon, Birmingham, Ala. (Mr. Clemon participated in this proceeding only to the extent that he had no objection to the intervention of Gregory John Katopodis), on behalf of plaintiffs, Dwight Armstrong et al.

MEMORANDUM OPINION

GUIN, District Judge.

This cause came on to be heard on the stipulated facts and the briefs of the intervening plaintiff1 and the defendant, Birmingham Board of Education ("Board"), and was submitted for summary adjudication pursuant to Rule 56 of the Federal Rules of Civil Procedure on certain stipulated issues. The stipulated facts show that the intervening plaintiff, Gregory John Katopodis ("Plaintiff")...

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