Marvin Meltzer, Etc. v. Board of Public Instruction of Orange County, Florida, Etc.

JOHN R. BROWN, Chief Judge:

In this, their second visit1 to the Court of Appeals in this case, the plaintiff-appellants, parents of children attending public schools in Orange County, Florida, appeal from the dismissal of their case by the District Court. We find that the District Court properly denied injunctive relief to plaintiffs, but improperly denied declaratory relief. Accordingly, we reverse.

The Board Meetings

The facts of this case are undisputed. On August 24, 1970, Defendant, the Orange County Board of Public Instruction, held a meeting and adopted a resolution calling for a five…