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CLARK v. BOARD OF EDUCATION OF SHELBYVILLE, KENTUCKY

No. 403.

350 F.Supp. 149 (1972)

Edith Cains CLARK et al., Plaintiffs, v. BOARD OF EDUCATION OF SHELBYVILLE, KENTUCKY, a body corporate, et al., Defendants, Sam D. Hinkle et al., Intervenors.

United States District Court, E. D. Kentucky, Frankfort Division.

October 25, 1972.

Attorney(s) appearing for the Case

Robert Allen Sedler, Lexington, Ky., John G. O'Mara, Louisville, Ky., for plaintiffs.

Ralph Mitchell, Saunders, Mitchell & Mathis, Shelbyville, Ky., for defendants.

Walter B. Smith, by Joseph A. Biagi, Shelbyville, Ky., for intervenors.

MEMORANDUM

SWINFORD, District Judge.

The record of this case is before the court on the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. The defendants' motion is supported by two arguments; 1) that the plaintiffs' factual allegations are so nebulous and/or conclusory that it would be impossible for the court as ascertain whether there have been any constitutional violations, and 2) that the relief...

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