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ARTHUR v. NYQUIST

No. Civ-1972-325.

415 F.Supp. 904 (1976)

George ARTHUR et al., Plaintiffs, v. Ewald P. NYQUIST, Individually and as Commissioner of Education of the State of New York, et al., Defendants.

United States District Court, W. D. New York.

April 30, 1976.

Attorney(s) appearing for the Case

Richard F. Griffin, Buffalo, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y. (Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Sol. Gen., Albany, N. Y., and (Eugene A. Panfil, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for the Commissioner of Ed., and the Bd. of Regents of the State of New York, defendants.

Leslie G. Foschio, Corp. Counsel, City of Buffalo (Anthony Gregory and Frank A. Sedita, Jr., Asst. Corp. Counsels, Buffalo, N. Y., of counsel), for Mayor Stanley M. Makowski, Superintendent of Schools Eugene T. Reville, The Bd. of Ed., and the Common Council of the City of Buffalo, defendants.

CURTIN, Chief Judge.

INTRODUCTION

This court's decision in this case comes after a long and arduous journey through a complex lawsuit, in which the plaintiffs charge the defendants with "creating, maintaining, permitting, condoning and perpetuating racially segregated public schools in the City of Buffalo and in the Buffalo Metropolitan area." (Complaint, at 1). Plaintiffs allege a cause of action under 42 U.S.C. § 1981 et seq.1

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