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OFFERMANN v. NITKOWSKI

Civ. No. 11546.

248 F.Supp. 129 (1965)

Karl P. OFFERMANN et al., Plaintiffs, Earthly J. Gaskin et al., Plaintiff-Intervenors, v. Anthony J. NITKOWSKI, as President and a member of the Board of Education of the City of Buffalo, New York, et al., Defendants, Yerby Dixon et al., Defendant-Intervenors.

United States District Court W. D. New York.

December 9, 1965.

Attorney(s) appearing for the Case

Parrino & Cooper, Buffalo, N. Y., (Peter L. Parrino, Buffalo, N. Y., of counsel), for plaintiffs.

Willett & Wallace, Buffalo, N. Y. (Charles D. Wallace, Buffalo, N. Y., of counsel), for plaintiff-intervenors.

Robert E. Casey, Jr., Corp. Counsel, City of Buffalo, for Bd. of Education and Joseph Manch.

Charles A. Brind, Jr., Counsel to Dept. of Education, Albany, N. Y., for Com'r of Education and Bd. of Regents.

Herman Schwartz, Buffalo, N. Y., for defendant-intervenors, Yerby Dixon, Newton Garber, Blanche Thomas, Erwin Johnson, Evelyn Perkins and Julia Johns.

Herald P. Fahringer, Buffalo, N. Y., for Upstate New York Div., American Civil Liberties Union, amicus curiae.

William L. Rieth, and Eugene M. Setel, Buffalo, N. Y., for Conference for Integrated Schools, amici curiae.

HENDERSON, District Judge.

The plaintiffs and intervening plaintiffs in this action question the constitutionality of an order of the Commissioner of Education of the State of New York and of a plan adopted pursuant to that order. A declaratory judgment and permanent injunction are sought and jurisdiction is claimed under Title 28 U.S.C. §§ 1331 and 1343 and Title 42 U.S.C. § 1983. Presently before the court are plaintiffs' motion to convene a three...

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