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FREDERICKS v. KREPS

No. 78-1001.

578 F.2d 555 (1978)

Isiah FREDERICKS et al., Plaintiffs-Appellants, v. Juanita KREPS, Secretary of the Department of Commerce, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 2, 1978.

Attorney(s) appearing for the Case

Joseph P. Hudson, Gulfport, Miss., Jack Greenberg, Bill Lann Lee, Eric Schnapper, Legal Defense Fund, New York City, for plaintiffs-appellants.

J. Boyce Holleman, Ben F. Galloway, Gulfport, Miss., for Board of Supervisors and Board of Ed.

Robert E. Hauberg, U. S. Atty., Joseph E. Brown, Asst. U. S. Atty., Jackson, Miss., John E. Kennahan, Robert S. Fastov, Economic Development Administration, Morton Hollander, Neil H. Koslowe, Civil Div., Appellate Section, Dept. of Justice, Washington, D. C., for federal defendants-appellees.

W. Joel Blass, Gulfport, Miss., for amicus curiae L & A Contracting Co.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This action for declaratory and injunctive relief was brought by individual residents and civic and civil rights organizations of North Gulfport, Harrison County, Mississippi, in an effort to divert a federal grant of $1,058,000 under the Local Public Works Capital Development and Investment Act of 1976, as amended by Public Works Employment Act of 1977, 42 U.S.C.A. § 6701 et seq. (1977 & Cum.Supp.1978), from two...

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