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BRINKMAN v. GILLIGAN

Nos. 73-1974, 73-1975.

503 F.2d 684 (1974)

Mark BRINKMAN et al., Plaintiffs-Appellants, v. John J. GILLIGAN et al., Defendants-Appellees. Mark BRINKMAN et al., Plaintiffs-Appellees, v. DAYTON BOARD OF EDUCATION, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 20, 1974.

Attorney(s) appearing for the Case

Louis R. Lucas, Ratner, Sugarmon & Lucas, Memphis, Tenn., for Mark Brinkman, et al.; Paul R. Dimond, Ann Arbor, Mich., Nathaniel R. Jones, New York City, Richard Austin, Dayton, Ohio, on briefs.

John D. Holschuh, Alexander, Ebinger, Holschuh, Fisher & McAlister, Columbus, Ohio, for John J. Gilligan, et al.; Alvin J. McKenna, Columbus, Ohio, Asher Bogin, Dayton, Ohio, David C. Greer, Leo F. Krebs, Dayton, Ohio, Thomas V. Martin, Asst. Atty. Gen., Columbus, Ohio, on briefs.

David C. Greer, Bieser, Greer & Landis, Dayton, Ohio, for Dayton Board of Education; Leo F. Krebs, Bieser, Greer & Landis, Dayton, Ohio, on briefs.

Before PHILLIPS, Chief Judge, and PECK and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

This is a school desegregation case directed against the public school system of Dayton, Ohio. For the reasons set forth below, we affirm in part and remand the case to the District Court for further proceedings.

Plaintiffs-appellants are black and white Dayton parents who bring this class action on their own behalf, on behalf of their minor children, and on behalf of all others similarly situated. In addition, the National Association...

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