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BOARD OF ELEMENTARY & SECONDARY ED. v. NIX

No. 58961.

347 So.2d 147 (1977)

BOARD OF ELEMENTARY AND SECONDARY EDUCATION of the State of Louisiana, et al., Plaintiffs-Appellees, v. J. Kelly NIX, Superintendent of Education, State of Louisiana, et al., Defendants-Appellants.

Supreme Court of Louisiana.

Rehearings Denied May 13, 1977.

Dissenting Opinion June 28, 1977.

Attorney(s) appearing for the Case

Arthur G. Thompson, Joe L. Smith, Shreveport, for defendants-appellants.

William J. Guste, Jr., Atty. Gen., Paul J. Ferlita, Asst. Atty. Gen., Chris J. Roy, Alexandria, Thomas A. Rayer, New Orleans, for plaintiffs-appellees.

TATE, Justice.

The issue of the present suit involves the constitutional relationship between the State Board of Elementary and Secondary Education, Article 8, Section 3, Louisiana Constitution of 1974, and the State Superintendent of Education, Article 8, Section 2.

The board sues for declaratory and injunctive relief based upon the alleged unconstitutionality of Louisiana Act 455 of 1976. It contends that the statute, by recognizing certain administrative...

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