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CHANCE v. BOARD OF EXAM. & BD. OF ED. OF CITY OF NEW YORK

No. 70 Civ. 4141.

330 F.Supp. 203 (1971)

Boston M. CHANCE and Louis C. Mercado, individually and on behalf of all others similarly situated, Plaintiffs, v. The BOARD OF EXAMINERS AND the BOARD OF EDUCATION OF the CITY OF NEW YORK et al., Defendants.

United States District Court, S. D. New York.

July 14, 1971.

Attorney(s) appearing for the Case

Jack Greenberg, Jonathan Shapiro, Elizabeth B. Dubois and Stephen G. Young, NAACP Legal Defense Fund, George Cooper, New York City, for plaintiffs.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Board of Education; James Nespole, and Leonard Bernikow, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant Board of Examiners; Saul Z. Cohen, and Mark A. Jacoby, New York City, of counsel.

Robert D. Joffe, and R. John Cooper, New York City, for amicus curiae New York Ass'n. of Black School Supervisors and Administrators.

Charles McCready Pratt, New York City, for amicus curiae ASPIRA of America, Inc.

Burton K. Gordon, New York City, for amicus curiae Public Education Ass'n.

MANSFIELD, Circuit Judge.*

The fairness and validity of competitive examinations, once described by Gilbert and Sullivan as the means of attaining "a Duke's exalted station,"1 have frequently been challenged in courts and elsewhere. E. g., Griggs v. Duke Power Company, 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971); Louisiana v...

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