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CARROLL v. BOARD OF ED. OF JEFFERSON COUNTY, KY.

Nos. 76-2525-76-2526, 76-2158.

561 F.2d 1 (1977)

Julian M. CARROLL, Governor, et al., Defendants-Appellants, v. BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY, et al., Plaintiffs-Appellees. Julian M. CARROLL, Governor, et al., Plaintiffs-Appellants, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1977.

Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen. of Ky., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, Ky., William E. Scent, Keith Scent, Kirkham & Walton, Hopkinsville, Ky., Bert T. Combs, Tarrant, Combs & Bullitt, Richard W. Iler, Stewart L. Prather, Louisville, Ky., for Julian M. Carroll et al.

George J. Long, U. S. Atty., Richard A. Dennis, Louisville, Ky., Robert S. Greenspan, Leonard Schaitman, Frank A. Rosenfeld, Attys., U. S. Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C., for Dept. of HEW.

William H. Fulton, Woodward, Hobson & Fulton, E. Preston Young, John A. Fulton, Louisville, Ky., for Jefferson County Bd. of Ed.

Before PHILLIPS, Chief Judge, and PECK and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

These consolidated appeals are another chapter in the litigation involving the desegregation of the schools of Jefferson County, Kentucky.1

The principal question concerns the constitutionality of a State statute which would thwart the desegregation plan adopted by the district court. The district judge declared portions of this statute to be unconstitutional. We affirm.

Also involved on this appeal...

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