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MORGAN v. McDONOUGH

Nos. 76-1121, 76-1239 and 76-1426.

548 F.2d 28 (1977)

Tallulah MORGAN et al., Plaintiffs, Appellees, v. John J. McDONOUGH et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 26, 1977.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom James J. Sullivan, Jr., Philip T. Tierney, and DiMento & Sullivan, Boston, Mass., were on brief, for appellants.

John Leubsdorf, Boston, Mass., with whom Laurence S. Fordham, J. Harold Flannery, Foley, Hoag & Eliot, Boston, Mass., Nathaniel R. Jones, New York City, Robert Pressman, and Eric E. Van Loon, Cambridge, Mass., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.

COFFIN, Chief Judge.

After extended litigation resulting in final decisions that (1) the Boston public schools had been intentionally segregated, largely through the deliberate and wilful conduct of School Committees through the years, Morgan v. Kerrigan, 509 F.2d 580 (1st Cir.1974), cert. denied, 421 U.S. 963, 95 S.Ct. 1950, 44 L.Ed.2d 449 (1975), and (2) that a plan of desegregation approved by the district court should...

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