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MORGAN v. O'BRYANT

Nos. 81-1561, 81-1617 to 81-1619 and 81-1646.

671 F.2d 23 (1982)

Tallulah MORGAN, et al., Plaintiffs, Appellees, v. John D. O'BRYANT, et al., Defendants, Appellees, Local 66, Boston Teachers Union, AFT, AFL-CIO, Intervenor, Appellant. Tallulah MORGAN, et al., Plaintiffs, Appellees, v. John D. O'BRYANT, et al., Defendants, Appellees, Boston Association of School Administrators and Supervisors, Intervenor, Appellant. Tallulah MORGAN, et al., Plaintiffs, Appellees, v. John D. O'BRYANT, et al., Defendants, Appellees, Concerned Black Educators of Boston, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Bruce A. Miller, Detroit, Mich., with whom Christopher P. Legghio, Stuart M. Israel, Miller, Cohen, Martens & Sugarman, P. C., Detroit, Mich., James T. Grady and Grady & McDonald, Boston, Mass., were on brief, for Local 66, Boston Teachers Union, AFT, AFL-CIO.

Paul F. Kelly, Boston, Mass., with whom Richard W. Coleman, and Segal, Roitman & Coleman, Boston, Mass., were on brief, for Boston Ass'n of School Adm'rs and Sup'rs, AFL-CIO.

Caroline B. Playter, Boston, Mass., with whom Doyle, Playter, Novick & Berkin, Boston, Mass., and Kenneth Kimerling, New York City, were on brief, for El Comite De Padres.

Larry J. Johnson, with whom Robert Pressman, Cambridge, was on brief, for Tallulah Morgan, et al.

Marshall Simonds, Boston, Mass., with whom Henry C. Dinger, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for Boston School Committee.

Robert H. Blumenthal, Boston, Mass., Counsel, Dept. of Ed., with whom Robert H. Bohn, Jr., Sp. Asst. Atty. Gen., Boston, Mass., was on brief, for Bd. and Com'r of Ed.

John C. Somers, New York City, on brief for The A. Philip Randolph Institute, amicus curiae.

Nancy Gertner, Charles W. Rankin, and Silverglate & Gertner, Boston, Mass., on brief for Concerned Black Educators of Boston.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

These consolidated appeals are from orders of the district court in the Boston school desegregation case. A short history may prove helpful. In 1974, the district court found that Boston public school authorities had knowingly engaged in a policy of racial discrimination and intentionally maintained a dual school system along racially segregated lines. Morgan v. Hennigan, 379 F.Supp. 410

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