U. S. v. BD. OF SCH. COM'RS OF CITY OF INDIANAPOLIS

No. IP 68-C-225.

506 F.Supp. 657 (1979)

UNITED STATES of America, Plaintiff, Donny Brurell Buckley, Alycia Marquese Buckley, By their parent and next friend, Ruby L. Buckley, on behalf of themselves and all Negro school age children residing in the area served by original defendants herein, Intervening Plaintiffs, Indiana State Teachers Association, Intervening Plaintiff, v. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA; Karl R. Kalp, as Superintendent of Schools; Patricia Welch, as President of The Board of School Commissioners; Mary E. Busch, Lillian M. Davis, Robert D. DeFrantz, Walter Knorr, Donald G. Larson, James R. Riggs, Members of The Board of School Commissioners of the City of Indianapolis, Defendants, Otis R. Bowen, as Governor of the State of Indiana; Theodore L. Sendak, as Attorney General of the State of Indiana; Harold H. Negley, as Superintendent of Public Instruction of the State of Indiana; The Metropolitan School District of Decatur Township, Marion County, Indiana; The Franklin Township Community School Corporation, Marion County, Indiana; The Metropolitan School District of Lawrence Township, Marion County, Indiana; The Metropolitan School District of Perry Township, Marion County, Indiana; The Metropolitan School District of Pike Township, Marion County, Indiana; The Metropolitan School District of Warren Township, Marion County, Indiana; The Metropolitan School District of Washington Township, Marion County, Indiana; The Metropolitan School District of Wayne Township, Marion County, Indiana; School City of Beech Grove, Marion County, Indiana; School Town of Speedway, Marion County, Indiana; The Metropolitan Development Commission of Marion County; The Housing Authority of the City of Indianapolis; The Indiana State Board of Education, a public corporate body; Added Defendants, Citizens for Quality Schools, Inc.; Intervening Defendant, Coalition For Integrated Education; Amicus Curiae. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA, Cross-Claimants, v. The METROPOLITAN DEVELOPMENT COMMISSION OF MARION COUNTY, The Housing Authority of the City of Indianapolis, Cross-Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

Judgment July 9, 1979.


Attorney(s) appearing for the Case

Alexander Ross, Samuel Flanagan, Dept. of Justice, Washington, D. C., for plaintiff.

John O. Moss, John Preston Ward, Richard J. Darko, Indianapolis, Ind., for intervening plaintiffs.

John Wood, Theodore L. Sendak, Atty. Gen., Donald P. Bogard, Charles W. Hunter, Indianapolis, Ind., William O. Schreckengast, Beech Grove, Ind., Lewis C. Bose, William M. Evans, Donald A. Schabel, H. William Irwin, Ben J. Weaver, Charles G. Reeder, Richard L. Brown, Richard D. Wagner, William F. LeMond, Kurt F. Pantzer, Jr., Sheila Suess, Indianapolis, Ind., for defendants.

Harold E. Hutson, Indianapolis, Ind., for intervening defendant.

William E. Marsh, Indianapolis, Ind., for amicus curiae.


MEMORANDUM OF DECISION

DILLIN, District Judge.

I

This continuing action, filed May 31, 1968, is before the Court on its second 1978 remand from the Court of Appeals for the Seventh Circuit.

By the first remand, 573 F.2d 400 (7 Cir. 1978), this Court was directed to determine whether or not certain acts passed by the General Assembly of Indiana in 1969 were enacted with a racially discriminatory intent or...

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