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DEAL v. CINCINNATI BOARD OF EDUCATION

No. 19210.

419 F.2d 1387 (1969)

Tina DEAL, a minor by Frank L. Deal, her father and next friend, et al., Plaintiffs-Appellants, v. The CINCINNATI BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 9, 1969.

Attorney(s) appearing for the Case

Norris Muldrow, Cincinnati, Ohio (Robert L. Carter, Lewis M. Steel, Barbara Morris, New York City, on the brief), for appellants.

C. R. Beirne, Cincinnati, Ohio (William A. McClain, City Sol., Cincinnati, Ohio, Robert E. Manley, Beirne, Wirthlin & Manley, Cincinnati, Ohio, on the briefs), for appellees.

Before PHILLIPS, Chief Judge, and WEICK and O'SULLIVAN, Circuit Judges.

WEICK, Circuit Judge.

In the first appeal which involved a claim of alleged de facto rather than de jure segregation, we affirmed the judgment of the District Court on the issue of racial imbalance, holding that the Board of Education was not required by the Constitution to bus Negro or white children out of their neighborhoods, or to transfer classes, for the sole purpose of alleviating racial imbalance which was not caused by any act of discrimination on the part...

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