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SCHOOL COMMITTEE OF BOSTON v. BOARD OF EDUCATION

352 Mass. 693 (1967)

227 N.E.2d 729

SCHOOL COMMITTEE OF BOSTON vs. BOARD OF EDUCATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1967.

Attorney(s) appearing for the Case

John W. White, Special Assistant Corporation Counsel (Philander S. Ratzkoff & William A. Cotter, Jr., with him), for the plaintiff.

Elliot L. Richardson, Attorney General (Howard M. Miller, Assistant Attorney General, Edward J. Barshak, Special Assistant Attorney General, & William G. Buss, Jr., with him), for the defendants.

Reuben Goodman, Steven Cohen, Herbert Hershfang & Lawrence D. Shubow, for American Jewish Congress & others, amici curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.

WILKINS, C.J.

This bill for declaratory relief under G.L.c. 231A is brought to settle a controversy between the plaintiff school committee and the defendants Board of Education and Commissioner of Education, G.L.c. 15, §§ 1E, 1F (as amended through St. 1966, c. 251, § 1, and St. 1966, c. 549, respectively), as to the constitutionality of St. 1965, c. 641, entitled "An Act providing for the elimination of racial imbalance in the public schools," which...

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