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JAFFREE BY AND THROUGH JAFFREE v. JAMES

Civ. A. No. 82-0792-H.

544 F.Supp. 727 (1982)

Ishmael JAFFREE; Jamael Aakki Jaffree, Makeba Green; and Chioke Saleem Jaffree, infants By and Through their best of friend and father, Ishmael JAFFREE, Plaintiffs, v. Fob JAMES, in his official capacities as Governor of the State of Alabama and ex officio member of the State Board of Education; Charles Graddick, in his official capacity as Attorney General for the State of Alabama; John Tyson, Jr., Ron Creel, S. A. Cherry, Ralph Higginbotham, Victor P. Poole, Harold C. Martin, James B. Allen, Jr., and Roscoe Roberts, Jr., in their official capacities as members of the Alabama State Board of Education; Wayne Teague, in his official capacity as Superintendent of the Alabama State Board of Education, Defendants.

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

August 9, 1982.

Attorney(s) appearing for the Case

Fob James, III, Ronnie L. Williams, Mobile, Ala., for defendant Fob James.

Charles S. Coody, Counsel Director, Div. of Legal Services, Dept. of Educ., Montgomery, Ala., for defendants Tyson, Creel, Cherry, Higginbotham, Poole, Martin, Allen and Roberts.

Bob Sherling, Mobile, Ala., for intervenors.

ORDER

HAND, Chief Judge.

This matter coming on for consideration by the Court on the plaintiffs' motion for preliminary injunction and the Court having heard evidence in connection therewith and arguments of counsel, makes the following findings and ruling:

I. Background

Plaintiffs' theory for injunctive relief is predicated on a violation of the establishment clause of the Constitution of the...

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