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KEITH v. LOUISIANA DEPT. OF EDUC.

Civ. A. No. 81-989-B.

553 F.Supp. 295 (1982)

Senator Bill KEITH, et al. v. LOUISIANA DEPARTMENT OF EDUCATION, et al.

United States District Court, M.D. Louisiana.

December 20, 1982.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen. State of La., Patricia Bowers, Asst. Atty. Gen., A. Morgan Brian, Jr., Sp. Asst. Atty. Gen., Wendell Bird, Thomas T. Anderson, Pro Hoc Vice, Baton Rouge, La., for plaintiffs.

John DiGiulio, Baton Rouge, La., for Bd. of Elementary and Secondary Educ.

Samuel I. Rosenberg, New Orleans, La., for Orleans Parish School Bd.

David Hamilton, Baton Rouge, La., for Louisiana Dept. of Educ. and Dr. J. Kelly Nix, Superintendent of Educ.

POLOZOLA, District Judge:

The issue presented in this case is whether the Court has jurisdiction under 28 U.S.C. § 1331 or 28 U.S.C. § 1332 to entertain plaintiffs' suit which seeks a declaratory judgment declaring the Louisiana Balanced Treatment Act, LSA-R.S. 17:286.1 et seq., to be constitutional. The Court finds that the Court does not have jurisdiction under § 1331 or § 1332. Therefore, plaintiffs' suit must be dismissed.

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