CHANCE v. BOARD OF EXAMINERS

No. 458, Docket 76-7348.

561 F.2d 1079 (1977)

Boston M. CHANCE and Louis C. Mercado et al., Plaintiffs-Appellees, v. The BOARD OF EXAMINERS, Defendant-Appellant, and The Board of Education of the City of New York and the Chancellor of the City School District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 11, 1977.

Supplemental Opinion October 13, 1977.


Attorney(s) appearing for the Case

Saul Z. Cohen, New York City (Julius Berman, Howard A. Jacobson, Barry P. Schwartz, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant.

Elizabeth B. DuBois, New York City (George Cooper, Jeanne R. Silver, Jack Greenberg, Deborah M. Greenberg, and Legal Action Center of the City of New York, Inc., New York City, of counsel), for plaintiffs-appellees.

Deborah G. Rothman, New York City (Leonard Koerner and W. Bernard Richland, Corporation Counsel, New York City, of counsel), for defendants-appellees.

Leonard Greenwald, New York City (Frankle & Greenwald, New York City, and Gretchen White Oberman, New York City, of counsel), for amicus curiae Council of Supervisors and Administrators of the City of New York, Local 1, AFSA, AFL-CIO, SASOC.

Before GURFEIN and MESKILL, Circuit Judges, and NEWMAN, District Judge.


GURFEIN, Circuit Judge:

A child who was in the first grade when this action was begun is now ready to enter junior high school. The case is on appeal to this court for the fourth time.1 In the intervening seven years, the U.S. District Court for the Southern District has been engaged in the intermittent monitoring of the selection of principals and assistant principals of schools in New York City. The issue as it has narrowed on this appeal...

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