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FULLER v. VOLK

Nos. 15043, 15044.

351 F.2d 323 (1965)

Gertrude P. FULLER, Richard L. Grubman, Thomas F. Cacciola and Josephine Cacciola, His Wife, and Others to Be Named, Plaintiffs-Appellants, in No. 15043 and Jerry Volpe et al., Intervening-Plaintiffs-Appellants, in No. 15044 v. Austin A. VOLK et al., Defendants-Appellees, Frederick M. Raubinger, Commissioner of Education of the State of New Jersey, Kenneth Ancrum, Deborah Spruill, et al., Intervening-Defendants-Appellees.

United States Court of Appeals Third Circuit.

Reargued June 2, 1965.

Decided September 30, 1965.

Attorney(s) appearing for the Case

James T. Murphy, Vorsanger & Murphy, Englewood, N. J., for appellant Fuller et al.

James A. Major, Hackensack, N. J. (Major & Major, Hackensack, N. J., on the brief), for appellant Volpe et al.

Charles Rodgers, John J. Breslin, Jr., Hackensack, N. J. (Breslin & Breslin, Hackensack, N. J., on the brief), for Board of School Estimates of Englewood.

Sidney Dincin, Englewood, N. J., for Board of Education of City of Englewood.

Morton Stavis, Newark, N. J., for Deborah Spruill.

Robert L. Carter, New York City (Barbara A. Morris, New York City, Herbert H. Tate, Newark, N. J., on the brief), for Ancrum et al.

Arthur J. Sills, Atty. Gen. of New Jersey, Trenton, N. J., Howard H. Kestin, Deputy Atty. Gen., of counsel and on the brief, for Frederick M. Raubinger, etc.

Before BIGGS, Chief Judge, and FORMAN and FREEDMAN, Circuit Judges.

BIGGS, Chief Judge.

This civil action attacks the constitutionality of a public school districting plan in the City of Englewood, New Jersey, on the ground that the plan promulgated by the defendants by which racial imbalance in the school system was substantially reduced denies to the plaintiffs the equal protection of the laws guaranteed to them by the Fourteenth Amendment of the Constitution.1 The plaintiffs claim that the plan of integration...

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