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SAILORS v. BOARD OF EDUCATION OF COUNTY OF KENT

Civ. A. No. 4480.

254 F.Supp. 17 (1966)

James SAILORS and Loretta Sailors, Seymour Koning and Mildred Koning, Grazzi Mullay and Rosalie Mullay, and the Board of Education of the City of Grand Rapids, a second class school district, Plaintiffs, William A. Duthler and Anna M. Duthler, Harvey A. Duthler and Edna M. Duthler, and the City of Grand Rapids, a municipal corporations, Intervening Plaintiffs, v. The BOARD OF EDUCATION OF the COUNTY OF KENT, and Victor Weller, Dewey Jaarsma, Mary I. Keeler, Russell Emmons, and C. B. Leaver, as members thereof, and the Kentwood Public Schools, a school district of the fourth class, Defendants, Attorney General of the State of Michigan, Intervening Defendant.

United States District Court W. D. Michigan, S. D.

May 2, 1966.

Attorney(s) appearing for the Case

Dutchess, Mika, Miles, Meyers, Merdzinski & Snow, Grand Rapids, Mich., Wendell A. Miles, Grand Rapids, Mich., of counsel, for individual plaintiffs and individual intervening plaintiffs, and of counsel for plaintiff Board of Education.

McDonald & Anderson, Grand Rapids, Mich., Roger D. Anderson, Grand Rapids, Mich., of counsel, for plaintiff Board of Education, of counsel, for individual plaintiffs and individual intervening plaintiffs.

Steven L. Dykema, City Atty., Grand Rapids, Mich., for intervening plaintiff, The City of Grand Rapids.

VanderVeen, Freihofer & Cook, Grand Rapids, Mich., George R. Cook, Grand Rapids, Mich., of counsel, for The Board of Education of County of Kent, and individual defendants.

Paul O. Strawhecker, Grand Rapids, Mich., for defendant Kentwood Public Schools.

Eugene Krasicky, Asst. Atty. Gen., for intervening defendant, Attorney General of State of Michigan.

Before O'SULLIVAN, Circuit Judge, KENT, Chief District Judge, and FOX, District Judge.

FOX, District Judge (dissenting in part).

This is an action brought by plaintiffs Sailors, Koning, and Mullay, and intervening plaintiffs Duthler, all formerly school electors of defendant Kentwood Public Schools, against the Board of Education of the County of Kent (hereinafter called "Board"), and Kentwood Public Schools, a local school district. Suit was commenced on February 15, 1963.

As additional parties plaintiff in this case, there appear the City...

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