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ARTHUR v. NYQUIST

Docket 76-7292.

547 F.2d 7 (1976)

George ARTHUR et al., Plaintiffs-Appellees, v. Ewald P. NYQUIST et al., Defendants, and Eugene T. Reville et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 8, 1976.

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe by Richard F. Griffin, Buffalo, N.Y., for plaintiffs-appellees.

Leslie G. Foschio, Corp. Counsel by Anthony Gregory, Asst. Corp. Counsel, Buffalo, N.Y., for defendants-appellants.

Before WATERMAN and VAN GRAAFEILAND, Circuit Judges, and MOTLEY, District Judge.

MOTLEY, District Judge:

We believe that the District Court's order of April 30, 1976 is an appealable order. It enjoined the defendants, after a trial on the merits of this school desegregation case, "from taking any further action in violation of plaintiffs' rights under the Constitution". It then directed defendants to submit a plan as to how the metropolitan school district before the court was to be desegregated.

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