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GARCIA v. BOARD OF ED., SCH. DIST. NO. 1, ETC.

No. 76-1575.

573 F.2d 676 (1978)

Susan Anita GARCIA and Elizabeth Garcia, by and through their parents and next friends, John L. Garcia and Millie D. Garcia, Rebecca Cardenas, Rachel Cardenas and Lorraine Cardenas, by and through their parent and next friend, Olivia Cardenas, Joseph Rodello and June Rodello, by and through their parents and next friends, Mercedes Rodello and Stephen Rodello, Rene Martinez, by and through her parent and next friend, Rose Martinez, Madaline Duran and Felicia Duran, by and through their parents and next friends, John Duran and Lupe Duran, Richard A. Sanchez Van Schoich, by and through his parents and next friends, Richard A. Van Schoich and Loisa Sanchez Van Schoich, Debra Garcia and Julie Garcia, by and through their parents and next friends, Jerry Garcia and Marcella Garcia, and Lisa Martinez, by and through her parent and next friend, William J. Martinez (plaintiffs in a class action in District Court No. 76-M-292), Plaintiffs-Appellants, v. The BOARD OF EDUCATION, SCHOOL DISTRICT NO. 1, DENVER, COLORADO and Dr. Louis J. Kishkunas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 6, 1978.

Rehearing Denied May 9, 1978.

Attorney(s) appearing for the Case

Richard W. Laugesen, Jr. of Demoulin, Anderson, Campbell & Laugesen, Denver, Colo. (Jesse Manzanares and Roy R. Martinez, Denver, Colo., on brief), for plaintiffs-appellants.

Richard C. Cockrell, Denver, Colo. (Michael H. Jackson and Peter J. Wiebe, Jr., Denver, Colo., on brief), for defendants-appellees.

Before SETH, Chief Judge, and LEWIS, Circuit Judge and BRIMMER, District Judge.

LEWIS, Circuit Judge.

This appeal is apparently one of first impression and is premised on an unique factual situation. It involves a suit by members of a minority group seeking to stop the desegregation of their neighborhood school. The suit is an offspring of the lengthy Keyes v. School District No. 11 desegregation case which resulted, after some seven years of litigation, in a city-wide desegregation plan for Denver, Colorado...

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