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STATE BD. OF ED. v. FOX

No. 79-1002.

620 F.2d 578 (1980)

STATE BOARD OF EDUCATION et al., Petitioners, v. Honorable Noel P. FOX, Chief Judge, United States District Court, Western District of Michigan, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Michigan, Robert Derengoski, Sol. Gen., Gerald F. Young, Asst. Atty. Gen., Lansing, Mich., for respondent.

Thomas I. Atkins, Atkins & Brown, Boston, Mass., Teresa Demchak, Cleveland, Ohio, Theodore Berry, General Counsel, NAACP, Special Contribution Fund, New York City, Duane Elston, Detroit, Mich., for plaintiffs NAACP.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge, and PECK, Senior Circuit Judge.

EDWARDS, Chief Judge.

This is a petition for a writ of mandamus directed to a District Judge in the Western District of Michigan. The District Judge, after hearing the Benton Harbor school case and being affirmed by this court on his finding that Benton Harbor School District (and other defendants) had been guilty of willful and intentional racial segregation, on petition of the plaintiffs in the case before him held hearings...

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