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ARTHUR v. NYQUIST

No. Civ-1972-325.

429 F.Supp. 206 (1977)

George ARTHUR et al., Plaintiffs, v. Ewald P. NYQUIST et al., Defendants.

United States District Court, W. D. New York.

March 1, 1977.

Attorney(s) appearing for the Case

Richard F. Griffin, Buffalo, N. Y., and Herman Schwartz, Amherst, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., New York City (Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Sol. Gen., Albany, N. Y., of counsel), and (Eugene A. Panfil, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for the Commissioner of Education and the Board of Regents of the State of New York, defendants.

Linden & Deutsch, New York City (David Blasband, New York City, of counsel), for Individual Regents Barell, Indelicato, Genrich, Griffith, Klein, Jovanovich, Kendall & Yavner, defendants.

Leslie G. Foschio, Corp. Counsel, Buffalo (Anthony Gregory, Asst. Corp. Counsel, and Aubrey McCutcheon, Special Counsel, Buffalo, N. Y., of counsel), for Mayor Stanley M. Makowski, Superintendent of Schools Eugene T. Reville, The Board of Education, and the Common Council of the City of Buffalo, defendants.

CURTIN, Chief Judge.

In December 1976, after the Supreme court vacated and remanded the Austin school case, Austin Independent School District v. United States, ___ U.S. ___, [97 S.Ct. 517, 50 L.Ed.2d 603] (1976), this court requested each of the parties to this school case to brief the Austin case and Washington v. Davis, 426 U.S. 229, [96 S.Ct. 2040, 48 L.Ed.2d 597] (1976), the case that prompted the Supreme Court...

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