MORGAN v. KERRIGAN

Nos. 75-1184, 75-1194, 75-1197 and 75-1212.

530 F.2d 401 (1976)

Tallulah MORGAN et al., Plaintiffs-Appellees, v. John J. KERRIGAN et al., Defendants-Appellants, Boston Home and School Association, Defendant-Intervenor-Appellant, Kevin H. White, etc., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided January 14, 1976.


Attorney(s) appearing for the Case

Matthew T. Connolly, Boston, Mass., with whom Francis J. DiMento, James J. Sullivan, Jr., Philip T. Tierney and Dimento & Sullivan, Boston, Mass., were on brief, for John J. Kerrigan and others.

Kevin F. Moloney, Asst. Corp. Counsel, Boston, Mass., for Kevin White and others.

Thayer Fremont-Smith, Boston, Mass., with whom Owen S. Walker, Choate, Hall & Stewart, Boston, Mass., and Philip B. Kurland, Chicago, Ill., were on brief, for Boston Home and School Assn.

John Leubsdorf, with whom Laurence S. Fordham, Foley, Hoag & Eliot, Boston, Mass., J. Harold Flannery, Washington, D.C., Rudolph F. Pierce, Keating, Perretta & Pierce, Thomas M. Simmons, Boston, Mass., Robert Pressman, Eric E. Van Loon, Cambridge, Mass., Nathaniel R. Jones, New York City, and Roger I. Abrams, Cleveland, Ohio, were on brief, for Tallulah Morgan and others.

Timothy J. W. Wise, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Margot Botsford, Asst. Atty. Gen., and Sandra L. Lynch, Gen. Counsel, State Board of Education, Boston, Mass., were on brief, for State defendants.

Richard Hiller, New York City, with whom Jack John Olivero, Herbert Teitelbaum, New York City, Michael Haroz, Jean Mirer and Pamela Taylor, Cambridge, Mass., were on brief, for El Comite De Padres Pro Defensa De Education Bilingue.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

These appeals present varied challenges to orders of the district court implementing a plan of desegregation for the public schools of Boston. The consolidated cases concern the remedy phase of litigation initiated by plaintiffs-appellees, representing a class of all black public school students and their parents, against, principally, the Boston School Committee and the Superintendent of Boston Public Schools. The liability phase came to an end...

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