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ALTUS-DENNING SCH. DIST. NO. 31 v. FRANKLIN CTY.

Civ. No. 82-2029.

568 F.Supp. 95 (1983)

ALTUS-DENNING SCHOOL DISTRICT NO. 31, Charleston School District No. 9, Ozark School District No. 14, Pleasant View School District No. 4, All of Franklin County, Arkansas; and, Clarksville School District No. 17, Deer School District No. 21, Lamar School District No. 39, Ozark School District No. 7, All of Johnson County, Arkansas; and, Booneville School District No. 65, Magazine School District No. 15, Paris School District No. 7, Scranton School District No. 22, All of Logan County, Arkansas, Plaintiffs, v. FRANKLIN COUNTY, Joe W. Powell, County Judge, and Jane Ferguson, County Treasurer; and Johnson County, Bobby Joe Wilkins, County Judge, and F.D. Goza, County Treasurer; and Logan County, Jim Boyd, County Judge, and Roosevelt Robberson, County Treasurer, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

June 1, 1983.

Attorney(s) appearing for the Case

David Horne, Kincaid, Horne & Trumbo, Fayetteville, Ark., for plaintiffs.

James C. Mainard, Deputy Pros. Atty., Ozark, Ark., for Franklin County, Powell, Johnson County and Wilkins.

Paul X Williams, Jr., Booneville, Ark., for Logan County.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

I. Introduction

This declaratory judgment action was initially filed on January 26, 1982, seeking declaratory and preliminary injunctive relief. On September 24, 1982, plaintiffs filed a motion for preliminary injunction and temporary restraining order. On November 4, 1982, plaintiffs filed an Amended Complaint.

The facts pertinent to the instant action have been stipulated by and...

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