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JOHNSON v. SUMMER

No. GC 77-12-S.

488 F.Supp. 83 (1980)

Rita JOHNSON et al., Plaintiffs, v. A. F. SUMMER et al., Defendants.

United States District Court, N. D. Mississippi, Greenville Division.

January 17, 1980.

Attorney(s) appearing for the Case

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

Nat W. Bullard, Teller, Biedenharn & Rogers, Vicksburg, Miss., for Vicksburg Municipal Sep. Sch. Dist.

Hubbard T. Saunders, IV, Sp. Asst. Atty. Gen., Jackson, Miss., for State, Summer, Ladner and Holladay.

Owen T. Palmer, Jr., Palmer, Stewart & Gaines, Gulfport, Miss., for Trustees of Gulfport Sep. Sch. Dist.

Don W. King, Ross & King, Biloxi, Miss., for Trustees of Biloxi Municipal Sep. Sch. Dist.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court upon the plaintiffs' affidavit in support of entitlement to attorney's fees following the remand of the above-styled cause from the Fifth Circuit Court of Appeals. The questions involved in this action first arose when this court permanently enjoined the enforcement of Mississippi Code § 37-41-3 (Supp.1977), having determined that the section was unconstitutional both...

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