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DAVIS v. SCHOOL DISTRICT OF CITY OF PONTIAC, INC.

No. 73-1561.

487 F.2d 890 (1973)

Donald DAVIS, Jr., a minor by his mother and next friend, Mrs. Sadie Davis, et al., Plaintiffs-Appellees, v. SCHOOL DISTRICT OF the CITY OF PONTIAC, INC., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1973.

Attorney(s) appearing for the Case

Robert E. Manley, Cincinnati, Ohio, for defendants-appellants; Dudley & Patterson by Harold W. Dudley, William R. Lightbody, Bloomfield Hills, Mich., Joseph R. Jordan, Cincinnati, Ohio, of counsel.

William Waterman, Pontiac, Mich., for plaintiffs-appellees; Hatchett, Waterman & Spinks by Elbert L. Hatchett, Pontiac, Mich., on brief.

Before EDWARDS, McCREE and MILLER, Circuit Judges.

PER CURIAM.

This is an appeal from the reaffirmation of an order that requires the defendant School District to create a position for a third assistant superintendent and to hire a Negro to fill the position. Initially, the order was vacated and remanded to permit the district court "to consider whether the creation of such a position and its filling by a black person in the light of current conditions within the school system is indicated to dismantle the unconstitutional...

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