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PARENT ASS'N OF ANDREW JACKSON HIGH SCH. v. AMBACH

Nos. 362, 365 and 366, Dockets 78-7274, 78-7307 and 78-7308.

598 F.2d 705 (1979)

The PARENT ASSOCIATION OF ANDREW JACKSON HIGH SCHOOL, an Unincorporated Association, Fred Perez, a minor by his father and next friend Bienvenido Perez, Brian and Roland Felder, minors by their parents and next friends Beverly and Leroy Felder, Robin Brown, a minor by her father and next friend David Brown, Joan McFarland, a minor by her father and next friend Jerome McFarland, on behalf of themselves and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. Gordon AMBACH, as Commissioner of Education of the State of New York, Irving Anker, Chancellor of the City School District of the City of New York, Samuel Poltnick, as Director of the Division of High Schools of the City of New York, Abraham Wilner, as Superintendent of the Queens Division of High Schools of the City School District of the City of New York, James Regan, Isaiah Robinson, Stephen Aiello, Amelia Ashe, Joseph Barkan, Robert Christen, Joseph Monserrat, as members of the Board of Education of the City School District of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 17, 1979.

Attorney(s) appearing for the Case

Judith M. Hecker, Albany, for defendant-appellant Commissioner of Education of the State of New York.

Deborah G. Rothman, New York City (Allen G. Schwartz, Corp. Counsel, L. Kevin Sheridan and Robert Zeif, New York City, of counsel), for New York City defendants-appellants.

James I. Meyerson, N.A.A.C.P., New York City (Nathaniel R. Jones, N.A.A.C.P., New York City, of counsel), for plaintiffs-appellees.

George D. Levine, Port Washington, N.Y., for State Senator Levy and State Assemblyman McGrath.

Paul E. Kerson, Nicholas G. Garaufis, Garaufis & Kerson, Bayside, N.Y., Gerard E. Lynch, New York City, for Queens County New Democratic Coalition.

Sidney Romash, Brooklyn, N.Y., for Valley Stream Central H.S. District et al.

Norman N. Liben, New York City, for Union Free School District # 13 et al.

Albert A. D'Agostino, Valley Stream, N.Y., for Union Free School District # 30.

Hall, McNicol, Hamilton & Clark, New York City, for Village of Valley Stream.

Before WATERMAN, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

GURFEIN, Circuit Judge:

This class action for injunctive relief and a declaratory judgment under Title 42 U.S.C. § 1981 and § 1983 and the laws of New York, was begun in June 1976 in the Eastern District of New York (Hon. John F. Dooling, Judge), on behalf of a number of students enrolled in Andrew Jackson High School ("Jackson") by parents of the students. The defendants were the State Commissioner of Education, the City Chancellor, two school officials...

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