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

Nos. 362, 503, 504 and 619, Dockets 74-2076, 74-2262, 74-2263 and 74-2253.

512 F.2d 37 (1975)

Jeffrey HART, as a minor by his parent and next friend, Doris Hart, et al., Plaintiffs-Appellants, v. The COMMUNITY SCHOOL BOARD OF EDUCATION, NEW YORK SCHOOL DISTRICT # 21, a body corporate, et al., Defendants-Appellees-Appellants, Irving Anker, Chancellor of the Board of Education of the City of New York, Defendant-Appellee. The COMMUNITY SCHOOL BOARD OF BROOKLYN, NEW YORK SCHOOL DISTRICT # 21, by its President and Member, Evelyn J. Aquila, et al., Defendants and Third-Party Plaintiffs-Appellants, v. John V. LINDSAY, Mayor of the City of New York, et al., Third-Party Defendants-Appellees, and Barbara Baucom et al., Applicants for Intervention.

United States Court of Appeals, Second Circuit.

Decided January 27, 1975.


Attorney(s) appearing for the Case

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for third-party defendants-appellees New York State Div. of Housing and Community Renewal, New York State Urban Dev. Corp. and Officials.

Jeanne Hollingsworth, New York City (Edward W. Norton, Gen. Counsel, New York City Housing Authority, New York City, of counsel), for third-party defendant-appellee New York City Housing Auth.

Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty., E. D. N. Y., and Paul B. Bergman, Asst. U. S. Atty., of counsel), for third-party defendants-appellees George Romney and William S. Green.

Nancy E. LeBlanc, MFY Legal Services, New York City (George C. Stewart, MFY Legal Services, New York City, and Thomas N. Rothschild, East New York Legal Services, Brooklyn, N. Y., of counsel), for intervenors.

James I. Meyerson, N. A. A. C. P., New York City (Nathaniel R. Jones, New York City, of counsel), for plaintiffs-appellants.

Hyman Bravin, New York City, for defendants-appellees-appellants, Community School Board 21 and its Members.

Leonard Koerner, New York City (Adrian P. Burke, Corp. Counsel of the City of New York, L. Kevin Sheridan, New York City, and Elliot P. Hoffman, Brooklyn, N. Y., of counsel), for defendant-appellee Chancellor of the City of New York.

Before FRIENDLY, TIMBERS and GURFEIN, Circuit Judges.


GURFEIN, Circuit Judge:

This is an appeal from a final judgment in what the District Court (Weinstein, J.) described as the first New York City school desegregation case to reach a federal court. Hart v. Community School Board of Brooklyn, New York School District # 21, 383 F.Supp. 699 (E.D.N.Y.1974) (opinion); id. at 769 (order).

A class action by school children plaintiffs was brought by lawyers for the National Association...

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