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UNITED STATES v. BOARD OF EDUCATION, ETC.

No. 1099, Docket 79-7143.

605 F.2d 573 (1979)

UNITED STATES of America, Plaintiff, and South End Education Committee et al., Intervening Plaintiffs-Appellants, v. BOARD OF EDUCATION OF WATERBURY, CONNECTICUT, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Kenneth Kimerling, New York City (M. L. Taracido, Puerto Rican Legal Defense & Ed. Fund, Inc., New York City, Bruce Morrison, New Haven Legal Assistance Ass'n, New Haven, Conn., of counsel), for intervening plaintiffs-appellants.

John F. Phelan, Waterbury, Conn. (Carl R. Cicchetti, Corp. Counsel, The City of Waterbury, Waterbury, Conn., of counsel), for defendants-appellees.

Before MANSFIELD and GURFEIN, Circuit Judges, and LEVAL, District Judge.

MANSFIELD, Circuit Judge:

The South End Education Committee appeals from an order of the District Court for the District of Connecticut entered by Judge Thomas F. Murphy on January 2, 1979, denying a request for attorneys' fees under § 718 of Title VII of the Emergency School Aid Act (the "Act"), 20 U.S.C. § 1617. The court, not having the benefit of our later decision in Gagne v. Maher, 594 F.2d 336, 339-40 (2d Cir...

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