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UNITED STATES v. SCHOOL DISTRICT OF OMAHA

Nos. 74-1964, 74-1993.

521 F.2d 530 (1975)

UNITED STATES of America, Plaintiff-Appellant, and Nellie Mae Webb et al., Plaintiffs-Intervenors-Appellants, v. SCHOOL DISTRICT OF OMAHA et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1975.

Rehearings and Rehearings Denied July 7, 1975.

Certiorari Denied November 11, 1975.

Attorney(s) appearing for the Case

Brian K. Landsberg, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Robert V. Broom, Legal Aid Society, Omaha, Neb., for intervenor Webb.

Gerald P. Laughlin, Omaha, Neb., for defendants-appellants.

Before JONES, Senior Circuit Judge, and HEANEY and BRIGHT, Circuit Judges.

Certiorari Denied November 11, 1975. See 96 S.Ct. 361.

HEANEY, Circuit Judge.

The issue presented by this appeal is whether the undisputed racial segregation which exists in the Omaha public schools denies to black students the equal protection of the laws guaranteed by the fourteenth amendment. Because segregated educational facilities were never mandated by law, it is conceded that a finding of unconstitutionality is dependent on a finding that the segregation...

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