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BLACK VOTERS v. McDONOUGH

No. 76-1568.

565 F.2d 1 (1977)

BLACK VOTERS et al., Plaintiffs, Appellants, v. John J. McDONOUGH et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Roger L. Rice, Cambridge, Mass., with whom Margaret A. Burnham, Max D. Stern, Burnham, Stern & Shapiro, Boston, Mass., Stefan M. Rosenzweig, Jack Greenberg, and James M. Nabrit, III, New York City, were on brief, for plaintiffs, appellants.

Francis H. Fox, Joseph L. Kociubes, and Bingham, Dana & Gould, Boston, Mass., on brief for Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association, Massachusetts Council of Churches, Massachusetts Coalition for Human Rights, Charles River Broadcasting Co., Unitarian Universalist Greater Boston Action League, and American Jewish Congress, amici curiae.

Derrick A. Bell, Jr., New York City, and Geraldine S. Hines, Roxbury, Mass., on brief for Aswalos House, Freedom House, Lena Park Community Development Corp., and United South End Settlements, amici curiae.

Norman G. Ross, Cochituate, Mass., for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, MILLER, Judge.

PER CURIAM.

This is an appeal from the judgment and order denying relief in a class action seeking a declaration that the at-large method of electing members of the Boston School Committee dilutes the ballot strength of Boston's black voters in violation of the Constitution and the Voting Rights Act (42 U.S.C. §§ 1971, 1973 et seq.). We affirm but direct that the order below be without prejudice.1

The at-large system...

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