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BERRY v. SCHOOL DIST. OF CITY OF BENTON HARBOR

No. C.A. 9.

467 F.Supp. 695 (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.

November 9, 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 Sp. 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 Mich.

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.

In Phase I of these proceedings, this court ruled that the Benton Harbor Area School District (BHASD) had failed to rebut a prima facie case of de jure school segregation which had been established against it at an earlier trial. Berry v. School District of the City of Benton Harbor, 442 F.Supp. 1280 (W.D.Mich.1977). In Phase II, this court found that the following defendants, through...

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