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CONNELL v. HIGGINBOTHAM

Civ. No. 69-34.

305 F.Supp. 445 (1969)

Stella CONNELL, individually, and on behalf of all persons similarly situated, Plaintiff, v. James M. HIGGINBOTHAM, Superintendent of the Orange County Board of Public Instruction; Louise Breeze, Chairman of the Orange County Board of Public Instruction; and Lowell Clements, Raymond H. Bassett, William D. LaRue, Harley Thompkins, Mrs. Lee K. Davies and Stewart M. Schaffer, Defendants. Floyd T. Christian, Commissioner of Education, State of Florida, Intervenor.

United States District Court M. D. Florida, Orlando Division.

October 30, 1969.

Attorney(s) appearing for the Case

Jerome J. Bornstein, Orlando, Fla., Tobias Simon, Miami, Fla., for plaintiff.

John Motsinger, Jr., George W. Johnson, III, Orlando, Fla., for defendants.

Earl Faircloth, Atty. Gen., Rivers Buford, Jr., Asst. Atty. Gen., Tallahassee, Fla., for intervenor.

Before SIMPSON, Circuit Judge, and YOUNG and SCOTT, District Judges.

SCOTT, District Judge.

The plaintiff in this case, a teacher in the Orange County, Florida, school system, seeks on behalf of herself and others similarly situated to have Section 876.05 of the Florida Statutes, F.S.A. declared unconstitutional. In addition, plaintiff requests that a permanent injunction be granted restraining the defendants, their agents, officers and employees from executing or enforcing the provisions of this alleged unconstitutional section. Plaintiff...

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