JOHNSON v. STATE

No. 78-2368 Summary Calendar.

586 F.2d 387 (1978)

Rita JOHNSON et al., Plaintiffs-Appellees, v. The STATE of Mississippi et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 18, 1979.


Attorney(s) appearing for the Case

Hubbard T. Saunders, IV, Sp. Asst. Atty. Gen., A. F. Summer, Atty. Gen., Jackson, Miss., for defendants-appellants.

Wynn & Bogen, Eugene M. Bogen, Greenville, Miss., for plaintiffs-appellees.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.


PER CURIAM:

Mississippi Code § 37-41-3 provided that students living one mile or more from their attendance centers were entitled to state financed transportation, with the exception that students residing within the corporate limits of a municipality and attending school within those corporate limits were not entitled to free transportation regardless of the distance from the school.

Upon a challenge filed on behalf of students residing within corporate...

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