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SMITH v. DALLAS CTY. BD. OF ED.

Civ. A. No. 79-0260-H.

480 F.Supp. 1324 (1979)

Bobby J. SMITH a minor, by his mother and next friend, Lucille Smith; Tony Billingsley, a minor, by his mother and next friend, Cora Billingsley; Matthew Neeley and Katherine Neeley, minors, by their mother and next friend, Florence Neeley, Plaintiffs, v. DALLAS COUNTY BOARD OF EDUCATION; Martin R., etc.; John J. Grimes, Jr., Joe K. Rives, Martin Chance, and James Priestly, etc.; Earnest, Frank, etc. and Clarence James, etc., Defendants.

United States District Court, S. D. Alabama, N. D.

December 10, 1979.

Attorney(s) appearing for the Case

Booker T. Forte, Jr., Legal Services Corp. of Ala., Selma, Ala., Abigail Turner, Legal Services Corp. of Ala., Mobile, Ala., for plaintiffs.

Joe T. Pilcher, Jr., Selma, Ala., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAND, District Judge.

This action came on to be heard on the complaint filed by plaintiffs, and on the motions of the defendants (No. 1) to dismiss the action, the complaint, each separate cause of action asserted therein, and each and all class actions asserted therein, for failure to state a claim upon which relief can be granted; (No. 2) to strike or dismiss the complaint for failure to invoke the jurisdiction of...

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