UNITED STATES v. BOARD OF SCH. COMMISSIONERS, ETC.

No. IP 68-C-225.

456 F.Supp. 183 (1978)

UNITED STATES of America, Plaintiff, Donny Brurell Buckley, Alycia Marquese Buckley, By their parent and next friend, Ruby L. Buckley, on behalf of themselves and all Negro school age children residing in the area served by original defendants herein, Intervening Plaintiffs, Indiana State Teachers Association, Intervening Plaintiff, v. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA, Karl R. Kalp, as Superintendent of Schools, James R. Riggs, as President of The Board of School Commissioners; Mary E. Busch, Lillian M. Davis, Robert D. DeFrantz, Walter Knorr, Donald G. Larson, Patricia Welch, Members of the Board of School Commissioners of the City of Indianapolis, Defendants, Otis R. Bowen, as Governor of the State of Indiana, Theodore L. Sendak, as Attorney General of the State of Indiana, Harold H. Negley, as Superintendent of Public Instruction of the State of Indiana, the Metropolitan School District of Decatur Township, Marion County, Indiana, the Franklin Township Community School Corporation, Marion County, Indiana, the Metropolitan School District of Lawrence Township, Marion County, Indiana, the Metropolitan School District of Perry Township, Marion County, Indiana, the Metropolitan School District of Pike Township, Marion County, Indiana, the Metropolitan School District of Warren Township, Marion County, Indiana, the Metropolitan School District of Washington Township, Marion County, Indiana, the Metropolitan School District of Wayne Township, Marion County, Indiana, School City of Beech Grove, Marion County, Indiana, School Town of Speedway, Marion County, Indiana, the Metropolitan Development Commission of Marion County, the Housing Authority of the City of Indianapolis, the Indiana State Board of Education, a public corporate body, Added Defendants, Citizens for Quality Schools, Inc., Intervening Defendant, Coalition for Integrated Education, Amicus Curiae. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA, Cross-Claimants, v. The METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, the Housing Authority of the City of Indianapolis, Cross-Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

July 11, 1978.


Attorney(s) appearing for the Case

Lewis C. Bose, William M. Evans, Indianapolis, Ind., for Lawrence, Warren and Wayne Townships.

Richard L. Brown, Indianapolis, Ind., for Beech Grove.

Richard J. Darko, Indianapolis, Ind., for Indiana State Teachers Ass'n.

Charles W. Hunter, Indianapolis, Ind., for Decatur Township.

Harold E. Hutson, Indianapolis, Ind., for Citizens for Quality Schools, Inc.

H. William Irwin, Indianapolis, Ind., for Pike Township.

Alexander C. Ross, Samuel J. Flanagan, Civil Rights Div., Dept. of Justice, Washington, D. C., Virginia Dill McCarty, U. S. Atty., Indianapolis, Ind., for United States.

Donald A. Schabel, Indianapolis, Ind., for Perry Township.

William O. Schreckengast, Beech Grove, Ind., for Franklin Township.

Theodore L. Sendak, Atty. Gen., Donald P. Bogard, Deputy Atty. Gen., Indianapolis, Ind., for Governor Bowen, Sendak, Nagley and Indiana State Board of Education.

Sheila Suess, Indianapolis, Ind., for Housing Authority of City of Indianapolis.

Charles D. Kelso, John O. Moss, John Preston Ward, Indianapolis, Ind., for Buckleys.

William F. LeMond, Kurt F. Pantzer, Jr., Indianapolis, Ind., for Metropolitan Development Commission.

William E. Marsh, Indianapolis, Ind., for Coalition for Integrated Education.

Richard D. Wagner, Indianapolis, Ind., for Speedway.

Ben J. Weaver, Charles G. Reeder, Indianapolis, Ind., for Washington Township.

John Wood, James W. Beatty, Indianapolis, Ind., for Board of School Commissioners.


MEMORANDUM OF DECISION

DILLIN, District Judge.

This cause comes before the court pursuant to remand from the United States Court of Appeals for the Seventh Circuit, 573 F.2d 400 (1978).

To summarize briefly the more recent rulings in the case, the Court of Appeals held in 1976 that the action of the General Assembly of Indiana in passing legislation in 1969 to enlarge the City of Indianapolis to include all of Marion...

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