Brenda EVANS et al., Lillian Richardson, Mary Woods, Wilbur R. Carr, Sr., Clifton A. Lewis, Jeanne Q. Lewis, Board of Public Education of the City of Wilmington (Intervening Plaintiff), the Urban Coalition of Metropolitan Wilmington Incorporated
v.
Madeline BUCHANAN et al., Robert H. McBride, Elise Grossman, Joseph J. Crowley, William E. Spence, Clyde Bishop and Richard H. Farmer, constituting all the members of the State Board of Education of the State of Delaware, Delaware Association of School Boards, Intervening Defendants, Alexis I. duPont, Alfred I. duPont, Appoquinimink, Claymont, Conrad, Marshallton-McKean, Mt. Pleasant, New Castle-Gunning Bedford, Newark, and Stanton School Districts, DeLaWarr School District.
Appeal of ALEXIS I. duPONT SCHOOL DISTRICT, in No. 77-2336.
Appeal of DELAWARE STATE BOARD OF EDUCATION and the following defendant school districts, Alexis I. duPont School District, Alfred I. duPont School District, Claymont School District, Conrad Area School District, New Castle-Gunning Bedford School District, Marshallton-McKean School District, Newark School District, Mount Pleasant School District and Stanton School District, in No. 77-2337.
Appeal of CLAYMONT SCHOOL DISTRICT and Stanton School District, in No. 78-1143.
Appeal of NEW CASTLE-GUNNING BEDFORD SCHOOL DISTRICT, in No. 78-1144.
Appeal of DELAWARE STATE BOARD OF EDUCATION, in No. 78-1145.
Appeal of ALFRED I. duPONT SCHOOL DISTRICT, Alexis I. duPont School District, Conrad School District and Mount Pleasant School District, in No. 78-1146.
Appeal of NEWARK SCHOOL DISTRICT, in No. 78-1147.
Appeal of MARSHALLTON-McKEAN SCHOOL DISTRICT, in No. 78-1148.
STATE OF DELAWARE, in No. 78-1743.
v.
The Honorable Murray M. SCHWARTZ, United States District Judge for the District of Delaware.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued May 10, 1978.
Decided July 24, 1978.
Attorney(s) appearing for the Case
Samuel R. Russell, Biggs & Battaglia, Wilmington, Del., for appellant, Alexis I. duPont School Dist. in 77-2336 only.
Richard R. Wier, Jr., Atty. Gen. of the State of Delaware, Regina M. Small, Deputy Atty. Gen. of the State of Delaware, William Prickett, H. James Conaway, Jr., Young, Conaway, Stargatt & Taylor, Wilmington, Del., Philip B. Kurland, Chicago, Ill., Mason E. Turner, Jr., Prickett, Ward, Burt & Sanders, Wilmington, Del., for the Delaware State Bd. of Ed.
James T. McKinstry, Richards, Layton & Finger, Wilmington, Del., for Claymont School Dist. and Stanton School Dist.
David F. Anderson, Potter, Anderson & Corroon, Wilmington, Del., for New Castle-Gunning Bedford School Dist.
William Poole, Potter, Anderson & Corroon, Wilmington, Del., for Alfred I. duPont School Dist.
Edward W. Cooch, Jr., Cooch & Taylor, Wilmington, Del., Lino A. Graglia, Austin, Tex., for Marshallton-McKean School Dist.
Richard D. Allen, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for Mt. Pleasant School Dist.
John P. Sinclair, Potter, Anderson & Corroon, Wilmington, Del., for appellants, Alexis I duPont School Dist., Alfred I. duPont School Dist., Conrad School Dist., Mt. Pleasant School Dist., Claymont School Dist., Stanton School Dist., New Castle-Gunning Bedford School Dist. and Newark School Dist.
Jerome O. Herlihy, Herlihy & Herlihy, Wilmington, Del., for Conrad Area School Dist.
Louis L. Redding, Joseph Rosenthal, Irving Morris, Morris & Rosenthal, Wilmington, Del., Louis R. Lucas, Ratner, Sugarmon, Lucas, Salky & Henderson, Memphis, Tenn., for appellees.
Paul R. Dimond, O'Brien, Moran & Dimond, Ann Arbor, Mich., William L. Taylor, Center for National Policy Review, Washington, D. C., Aida Waserstein, Education Law Center, Inc., Philadelphia, Pa., for intervening plaintiff.
Before ALDISERT, ADAMS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
Argued In Banc May 10, 1978.
ON PETITION FOR WRIT OF MANDAMUS
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The consolidated appeals by the Delaware State Board of Education and nine school districts from the district court's ordering of a desegregation plan in the suburban New Castle County public schools require us to decide if the district court misused its discretion when it rejected a state-designed plan and adopted another plan designed...
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