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UNITED STATES v. SCHOOL DIST. OF OMAHA

Nos. 76-1430, 76-1545.

541 F.2d 708 (1976)

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

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1976.

Attorney(s) appearing for the Case

Robert V. Broom, Legal Aid Society of Omaha-Council Bluffs, Inc., Omaha, Neb., for Nellie Mae Webb; Stephen E. Cotton and Robert Pressman, Harvard University, Cambridge, Mass., and Vard R. Johnson, Legal Aid Society of Omaha-Council Bluffs, Inc., Omaha, Neb., on brief.

Gerald P. Laughlin, Omaha, Neb., for School District of Omaha; Kenneth B. Holm, Michael G. Lessmann and David M. Pedersen, Omaha, Neb., on brief.

Brian K. Landsberg, Appellate Section, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for United States; W. K. Schaphorst, U. S. Atty., Omaha, Neb., J. Stanley Pottinger, Asst. Atty. Gen., and Cynthia L. Attwood, Attys., Dept. of Justice, Washington, D. C., on brief.

Before GIBSON, Chief Judge, and LAY, HEANEY, BRIGHT, ROSS, STEPHENSON, WEBSTER and HENLEY, Circuit Judges, en banc.

PER CURIAM.

This matter is before us for a second time. When first here, we reversed the District Court in part and remanded with rather detailed instructions outlining the additional steps needed to achieve integration of the Omaha Public Schools. See United States v. School District of Omaha, 521 F.2d 530 (8th Cir. 1975). Thereafter, the School District filed a petition for rehearing...

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