PENICK v. COLUMBUS ED. ASS'N

No. 77-3367.

574 F.2d 889 (1978)

Gary L. PENICK et al., Plaintiffs-Appellees, v. COLUMBUS EDUCATION ASSOCIATION, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1978.


Attorney(s) appearing for the Case

Leonard J. Schwartz, Andrew M. Fishman, Schwartz & Fishman, Columbus, Ohio, for intervenor-appellant.

Louis R. Lucas, Ratner, Sugarmon & Lucas, Memphis, Tenn., Thomas I. Atkins, Boston, Mass., Richard M. Stein, Allan E. Roth, William J. Kelly, Jr., Samuel H. Porter, Curtis A. Loveland, Porter, Stanley, Platt & Arthur, Leo P. Ross, Columbus, Ohio, Nathaniel R. Jones, Gen. Counsel, NAACP, New York City, Mark O'Neill, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, Thomas P. Michael, Alexander, Ebinger, Holschuh, Fisher & McAlister, Edward J. Cox, William J. Brown, Atty. Gen. of Ohio, Roy F. Martin, James W. McCarthy, and Terry L. Tataru, Asst. Attys. Gen., Robert K. Hammersmith, Jr., Columbus, Ohio, for plaintiffs-appellees.

Before EDWARDS, LIVELY and MERRITT, Circuit Judges.


PER CURIAM.

This case involves an appeal from an order of the District Court for the Southern District of Ohio, denying the motion of the Columbus Education Association (CEA), the bargaining agent for Columbus public school teachers, to intervene as plaintiff in the remedial stage of school desegregation proceedings. The CEA sought to intervene after the District Court had determined that the Columbus and Ohio State Boards of Education should be held liable for unconstitutional...

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