McCOY v. LOUISIANA STATE BOARD OF EDUCATION

No. 21567.

345 F.2d 720 (1965)

Sarah Louise McCOY, on behalf of herself and others similarly situated, Appellants, v. LOUISIANA STATE BOARD OF EDUCATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 24, 1965.


Attorney(s) appearing for the Case

Norman Amaker, New York City, A. P. Tureaud, New Orleans, La., Jack Greenberg, New York City, for appellant.

William P. Schuler, Asst. Atty. Gen., New Orleans, La., Jack P. F. Gremillion, Atty. Gen., Baton Rouge, La., George Ponder, Asst. Atty. Gen., New Orleans, La., for appellees.

Before WISDOM and GEWIN, Circuit Judges, and BOOTLE, District Judge.


PER CURIAM.

For the second time in this case and for the seventh time in recent years, we hold that a state agency is not immune from a suit to enjoin it from enforcing an unconstitutional statute, and the individual members of the state board need not be joined as party defendant. Again we repeat that the State cannot by statute or constitution make the State Board of Education a "special agency" free from suits to enjoin the board's actions in violation of federally...

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