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BERRY v. SCHOOL DISTRICT OF CITY OF BENTON HARBOR

No. C.A. 9.

467 F.Supp. 630 (1978)

Barbara Jean BERRY et al., Plaintiffs, v. SCHOOL DISTRICT OF the CITY OF BENTON HARBOR et al., Defendants.

United States District Court, W. D. Michigan, S. D.

Order July 25, 1978.

Amended Order August 7, 1978.

Attorney(s) appearing for the Case

Louis R. Lucas, Elijah Noel, Jr., Ratner, Sugarmon & Lucas, Memphis, Tenn., Thomas Atkins, Roxbury, Mass., John A. Dziamba, Willimantic, Conn., Stuart J. Dunnings, Jr., Dunnings & Gibson, Lansing, Mich., Nathaniel R. Jones, Gen. Counsel, NAACP Special Contribution Fund, New York City, for plaintiffs.

John D. Tully, Warner, Norcross & Judd, Grand Rapids, Mich., Roccy M. DeFrancesco, Adams & DeFrancesco, St. Joseph, Mich., for Benton Harbor School Bd.

John L. Crow, Francis A. Jones, Hartwig, Crow, Jones & Postelli, St. Joseph, Mich., for Eau Claire School Dist.

George L. McCargar, Jr., Asst. Atty. Gen., Lansing, Mich., for State of Michigan.

Craig Atchinson, Asst. Atty. Gen., Lansing, Mich., for State of Michigan Boundary Commission.

E. Michael Stafford, Farhat, Burns & Story, Lansing, Mich., for Coloma School Dist.

Lee Boothby, Boothby & Huff, Berrien Springs, Mich., for Sodus Tp./Fellner Group.

Andrew J. Burch, Coloma, Mich., for intervening defendants Baldwin and Concerned Parents of Hagar Tp. School Dist. No. 4.

Thomas J. Nordberg, Lansing, Mich., for Berrien County Intermediate School Dist.

OPINION

FOX, Chief Judge.

This opinion marks the conclusion of Phase II of these lengthy school desegregation proceedings. In an opinion issued August 23, 1977, at the end of Phase I of this action on remand from the Court of Appeals for the Sixth Circuit, this court ruled that the Benton Harbor Area School District had failed to rebut the prima facie case of de jure segregation established against it during an earlier trial.

The present opinion...

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