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SCHOOL COMMITTEE OF BOSTON v. BOARD OF EDUCATION

363 Mass. 20 (1973)

292 N.E.2d 338

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

Supreme Judicial Court of Massachusetts, Suffolk.

February 2, 1973.

Attorney(s) appearing for the Case

James D. St. Clair (Stephen H. Oleskey with him) for the School Committee of Boston & another.

Walter H. Mayo, III, Assistant Attorney General (Andrew M. Wolfe, Assistant Attorney General, with him) for the Board of Education.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

REARDON, J.

This case is here on a bill for judicial review, declaratory relief, and relief in equity brought against the Board of Education of the Commonwealth (board) by the School Committee of the city of Boston (committee). The bill alleged that the board had acted arbitrarily in withholding State school funds (due under G.L.c. 70) from the committee under the racial imbalance law (G.L.c. 15, §§ 1I-1K, and c. 71, §§ 37C, 37D, all as amended...

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