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HART v. COMMUNITY SCH. BD. OF BROOKLYN, N. Y. SCH. DIST. #21

Docket 74-1453.

497 F.2d 1027 (1974)

Jeffrey HART, etc., et al., Plaintiffs-Appellants, v. The COMMUNITY SCHOOL BOARD OF BROOKLYN, NEW YORK SCHOOL DISTRICT #21, etc., et al., Defendants-Appellees. The COMMUNITY SCHOOL BOARD OF BROOKLYN, NEW YORK DISTRICT #21, etc., et al., Defendants and Third-Party Plaintiffs-Appellees, v. John V. LINDSAY, etc., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 16, 1974.

As Amended June 3, 1974.

Attorney(s) appearing for the Case

James I. Meyerson, New York City (Nathaniel R. Jones, New York City, and NAACP Special Contribution Fund, of counsel), for plaintiffs-appellants Jeffrey Hart et al.

Hyman Bravin, New York City, for defendant Community School Bd. #21.

Elliot L. Hoffman, New York City (Adrian Burke, Corp. Counsel, New York City, of counsel), for defendant Chancellor Irving Anker and third-party defendant Housing and Development Administration.

Cyril Hyman, New York City (Edward Boyd, U. S. Atty., E. D. N. Y., of counsel), for third-party defendant U. S. Dept. of Housing and Urban Development.

Robert Hammer, New York City (Louis J. Lefkowitz, Atty. Gen., State of N. Y., of counsel), for third-party defendant N. Y. S. Div. of Housing and Community Renewal and Urban Development Corp.

Jeanne Hollingsworth, New York City, of counsel to Edward W. Norton, New York City, Gen. Counsel, for third-party defendant N. Y. C. Housing Authority.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

A motion by plaintiffs-appellants in this school desegregation case for a preference and cross-motions by the state and city defendants and third party defendants-appellees for dismissal or, in the case of the city defendants, alternatively for summary affirmance, raise problems of some procedural complexity.1

The plaintiffs in this action in the District Court for the Eastern District of New York, characterized...

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