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UNITED STATES v. SCHOOL DIST. OF FERNDALE

Nos. 76-1110, 77-1426.

577 F.2d 1339 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. SCHOOL DISTRICT OF FERNDALE, MICHIGAN, Willie W. Sawyer, Thomas Plunkett, Robert Cicci, William Morris, Donald P. Flavin, Hanna Clampitt, Jon H. Kingsepp, William G. Coyne, The State of Michigan, William G. Milliken, Michigan State Board of Education, and John W. Porter, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. SCHOOL DISTRICT OF the CITY OF FERNDALE, MICHIGAN, William G. Coyne, State of Michigan, Michigan State Board of Education, and John W. Porter, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 17, 1978.

Attorney(s) appearing for the Case

James K. Robinson, U.S. Atty., Detroit, Mich., John C. Hoyle, Brian K. Landsberg, Civil Rights Division, Dept. of Justice, Washington, D.C., J. Stanley Pottinger, Thomas Keeling, J. Gerald Hebert, Alexander C. Ross, Washington, D.C., for plaintiff-appellant.

Frank J. Kelley, Atty. Gen., Gerald F. Young, Asst. Atty. Gen., Lansing, Mich., Robert A. Derengoski, Thomas Schimpf, Lansing, Mich., Burton R. Shifman, Philip Goodman, David M. Black, Southfield, Mich., for local school authorities, defendants-appellees in No. 76-1110.

Burton R. Shifman, Philip J. Goodman, Michael Moquin, Southfield, Mich., Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Gerald Young, Mary Kay Bottecelli, Lansing, Mich., for defendants-appellees in No. 77-1426.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

CELEBREZZE, Circuit Judge.

The School District of the City of Ferndale, Michigan, covers a small suburban area immediately north of Detroit. Approximately fifty years ago, the local school board ordered construction of the U. S. Grant elementary school in the southwest corner of the district. The attendance area for Grant was carved out of that for the Thomas Jefferson elementary school, an institution with a predominantly white student body located approximately...

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