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COLUMBUS BOARD OF EDUCATION v. PENICK

No. 78-610.

443 U.S. 449 (1979)

COLUMBUS BOARD OF EDUCATION ET AL. v. PENICK ET AL.

Supreme Court of United States.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Samuel H. Porter argued the cause for petitioners. With him on the briefs were Earl F. Morris and Curtis A. Loveland.

Thomas I. Atkins argued the cause for respondents. With him on the brief were Richard M. Stein, William L. Taylor, Nathaniel R. Jones, Louis R. Lucas, William E. Caldwell, Paul R. Dimond, Robert A. Murphy, Richard S. Kohn, and Norman J. Chachkin. Mark O'Neill filed a brief for the Ohio State Board of Education et al. as respondents under this Court's Rule 21 (4).

Assistant Attorney General Days argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Wallace, Sara Sun Beale, Brian K. Landsberg, and Robert J. Reinstein.*

MR. JUSTICE WHITE delivered the opinion of the Court.

The public schools of Columbus, Ohio, are highly segregated by race. In 1976, over 32% of the 96,000 students in the system were black. About 70% of all students attended schools that were at least 80% black or 80% white. 429 F.Supp. 229, 240 (SD Ohio 1977). Half of the 172 schools were 90% black or 90% white. 583 F...

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