EVANS v. BUCHANAN

Civ. A. Nos. 1816-1822.

468 F.Supp. 944 (1979)

Brenda EVANS et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants.

United States District Court, D. Delaware.

February 28, 1979.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, and Irving Morris, of Morris & Rosenthal, Louis L. Redding, Wilmington, Del., Louis R. Lucas, Ratner, Sugarmon, Lucas, Salky & Henderson, Memphis, Tenn., Paul R. Dimond, O'Brien, Moran & Dimond, Ann Arbor, Mich., William L. Taylor, Washington, D. C., Center for National Policy Review, for plaintiffs.

Aida Waserstein, Wilmington, Del., for intervening Hispanic plaintiffs.

Richard R. Wier, Jr., Atty. Gen., State of Delaware, and Regina M. Small, Asst. Atty. Gen., State of Delaware, William Prickett, and Mason E. Turner, Prickett, Ward, Burt & Sanders, Wilmington, Del., Philip B. Kurland, Chicago, Ill., for defendant State Bd. of Ed.

Henry N. Herndon, Jr., and Edward M. McNally, Morris, James, Hitchens & Williams, Wilmington, Del., for New Castle County School Dist.

Howard M. Handelman, Bayard, Brill & Handelman, P. A., Wilmington, Del., for New Castle County Vocational-Technical School Dist.


OPINION

MURRAY M. SCHWARTZ, District Judge.

The question posed for resolution is whether a permanent injunction should issue enjoining the New Castle County Board of Education ("NCCBE") from fixing, levying or collecting the current operating expense component of the local school tax in excess of $1.585. Since this question has previously been answered in the negative1 and will now be answered in the affirmative, some brief explanatory...

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