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BLACK STUDENTS, ETC., EX REL. SHOEMAKER v. WILLIAMS

No. 70-4 Civ. Ft. M.

317 F.Supp. 1211 (1970)

BLACK STUDENTS OF NORTH FORT MYERS JR.-SR. HIGH SCHOOL ex rel. Mattie SHOEMAKER, by her parent Veronica Shoemaker, Luther Young, Jr. by his parent Ida Young, Beverly Felton, by her parent, Juanita Felton, Lillie Boston, by her parent Carrie Lee Boston, Lorenda Jenkins, by her parent Lillian Jenkins, Jimmie Lee Williams, by his parent Jimmie Lee Williams, Sr., Ronald L. Swain, by his parent Loretha Griffin, Flora McCray, by her parent Chester Harley, Rudolph Brown, by his parent Mary L. Jones, Roosevelt Dorris, Louis Silbert, Plaintiffs, v. Ray L. WILLIAMS, Superintendent of the Lee County School Board of Public Instruction, Joseph A. Beavo, Principal, North Fort Myers High School, Gilbert Moore, Dr. Robert Anderson, Morton Goldberg, Rayma Page, Sidney Parnell, Members of Lee County School Board, Defendants. State Board of Education of the State of Florida, Intervenor.

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

September 29, 1970.

Attorney(s) appearing for the Case

Spencer L. Smith, Homestead, Fla., John Platt, Ft. Myers, Fla., for plaintiffs.

Emmet B. Anderson, Fort Myers, Fla., for defendants.

Stephen Marc Slepin, Tallahassee, Fla., for intervenor.

SUMMARY JUDGMENT

KRENTZMAN, District Judge.

This is a class action pursuant to Rule 23(a), (b) (2), F.R.Civ.P., the class consisting of all black high school students enrolled at North Fort Myers Junior-Senior High School who were suspended by defendants on February 12, 1970. The Court has jurisdiction under the terms of 28 U.S.C. § 1343.

The complaint seeks injunctive relief as authorized by 42 U.S.C. § 1983 to restrain the enforcement...

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