SPENCER v. KUGLER

Nos. 19257, 19258 and 71-1876.

454 F.2d 839 (1972)

Vivian SPENCER, an infant by her Guardian ad Litem, Nancy Spencer, Appellant in No. 19257, and Geraldine Chavis, an infant by her Guardian ad Litem, Vance Dunlop Chavis, Appellants in No. 71-1876, v. George F. KUGLER, Attorney General of New Jersey; Carl Marburger, Commissioner of Education and the State Board of Education of the State of New Jersey (two cases). Appeal of Geraldine CHAVIS, an infant by her Guardian ad Litem, Vance Dunlop Chavis, No. 19258.

United States Court of Appeals, Third Circuit.

Decided January 24, 1972.


Attorney(s) appearing for the Case

Harold J. Ruvoldt, Jr., Ruvoldt & Ruvoldt, Jersey City, N. J., for appellants.

Stephen G. Weiss, Greenwood & Weiss, Wayne, N. J. (George F. Kugler, Jr., Atty. Gen. of N. J., on the brief), for appellees.

Before McLAUGHLIN, ALDISERT and JAMES ROSEN, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal1 presents the narrow question whether a single district judge properly dismissed a count in a complaint requesting, inter alia, that New Jersey file a public school plan free of "racial imbalance." After a three-judge statutory court, 326 F.Supp. 1235, dismissed a second count in the same complaint, which requested the same...

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