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McGEHEE v. NIX

Civ. A. No. 83-283-B.

581 F.Supp. 634 (1984)

Bryan S. McGEHEE, Individually and on behalf of all other persons similarly situated v. J. Kelly NIX, Superintendent of Education; State of Louisiana, Department of Education; State Board of Elementary and Secondary Education.

United States District Court, M.D. Louisiana.

March 7, 1984.

Attorney(s) appearing for the Case

A. Shelby Easterly, III, Taylor, Porter, Brooks & Phillips, Baton Rouge, Richard F. Knight, Bogalusa, for plaintiff.

David A. Hamilton, Baton Rouge, for J. Kelly Nix and State of Louisiana, Dept. of Educ.

R. Bruce Macmurdo, Baton Rouge, for State Bd. of Elementary and Secondary Educ.

POLOZOLA, District Judge:

This matter is before the court on plaintiff's motion to remand. The issue presented to the court is whether the court has jurisdiction under 28 U.S.C. § 1331. Because the court finds that this suit does not allege a claim "arising under" the constitution or laws of the United States, plaintiff's motion to remand is hereby granted.

Bryan S. McGehee originally filed this suit in the Nineteenth Judicial District Court for the Parish...

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