CHANCE v. BOARD OF EXAMINERS & BD. OF ED. ETC.

Nos. 1112, 1251, Dockets 75-7161-75-7164.

534 F.2d 993 (1976)

Boston M. CHANCE, and Louis C. Mercado, individually on behalf of all others similarly situated, Plaintiffs-Appellees, v. The BOARD OF EXAMINERS AND the BOARD OF EDUCATION OF THE CITY OF NEW YORK, et al., Defendants-Appellants, and Council of Supervisors and Administrators of the City of New York, Local 1, SASCO, AFL-CIO, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 19, 1976.

On Rehearing May 17, 1976.


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for The Board of Examiners.

W. Bernard Richland, Corp. Counsel, New York City (L. Kevin Sheridan, Leonard Koerner, Leonard Bernikow, New York City, of counsel), for The Board of Education of the City of New York.

Max H. Frankle, Leonard Greenwald, New York City (Gretchen White Oberman, New York City, of counsel), for Council of Supervisors and Administrators of the City of New York, Local 1, SASCO, AFL-CIO.

Jack Greenberg, Deborah M. Greenberg, Elizabeth B. DuBois, Jeanne R. Silver, George Cooper, New York City, for plaintiffs-appellees.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York which directed the Board of Education of the City of New York to "excess" supervisory personnel in accordance with a formula imposing racial quotas upon the excessing process. Excessing rules provide in brief that when a position in a school district is eliminated, the least senior person in the job classification used to fill that...

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