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NEWBURG AREA COUNCIL v. BOARD OF ED., ETC.

No. 76-1989.

583 F.2d 827 (1978)

NEWBURG AREA COUNCIL, INC., et al., Plaintiffs-Appellees, v. BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY et al., Defendants, Department of Education of the Commonwealth of Kentucky et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 14, 1978.

Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen. of Kentucky, Frankfort, Ky., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, Ky., for defendants-appellants.

Thomas L. Hogan, Louisville, Ky., for plaintiffs-appellees.

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

PHILLIPS, Chief Judge.

This appeal involves the constitutionality of a Kentucky statute which conflicts with a court ordered1 desegregation plan in Jefferson County, Kentucky. The district court declared the statute unconstitutional as applied to Jefferson County. We agree with the decision of the district court.

In April, 1978, plaintiffs, Newburg Area Council, Inc., filed a motion for a declaratory judgment asking the district...

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