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

No. 71-1868.

474 F.2d 46 (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 February 13, 1973.

Attorney(s) appearing for the Case

Robert E. Manley, Cincinnati, Ohio, on brief, for appellants; Dudley & Patterson by Harold W. Dudley and William R. Lightbody, Pontiac, Mich., of counsel.

William Waterman, Elbert L. Hatchett, Pontiac, Mich., on brief, for appellees.

Before EDWARDS, McCREE, and KENT, Circuit Judges.

PER CURIAM.

Defendant School District appeals from an order requiring it to create a position for a third Assistant Superintendent and to hire a Negro to fill the position. Appellant contends that this order interferes with the pedagogical discretion of its officials and that the district does not require a third Assistant Superintendent and, indeed, cannot afford to hire one.

The order appealed from is supplementary to a comprehensive desegregation order...

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