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BOARD OF ED. OF CITY SCH. DIST., ETC. v. HARRIS

No. 1079, Docket 79-6006.

622 F.2d 599 (1980)

BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK and Frank Macchiarola, Chancellor of the City School District of the City of New York, Plaintiffs-Appellees, v. Patricia R. HARRIS, Secretary, United States Department of Health, Education and Welfare, Herman B. Goldberg, Associate Commissioner, Equal Education Opportunity Programs, United States Department of Health, Education and Welfare, and David S. Tatel, Office for Civil Rights, United States Department of Health, Education and Welfare, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 19, 1979.

Rehearing and Rehearing Denied May 19, 1980.

Attorney(s) appearing for the Case

Richard P. Caro, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Harvey M. Stone, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Lois Hochhauser, Dept. of Health, Education and Welfare, Washington, D.C., of counsel), for defendants-appellants.

Joseph F. Bruno, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel for the City of New York, Gregg M. Mashberg, Ellen B. Fishman, New York City, of counsel), for plaintiffs-appellees.

Before OAKES and MESKILL, Circuit Judges, and STEWART, District Judge.

Rehearing and Rehearing En Banc Denied May 19, 1980.

MESKILL, Circuit Judge:

Three officials of the Department of Health, Education and Welfare (collectively "HEW," the "agency," or "appellant") including the Secretary1 appeal from an order of the United States District Court for the Eastern District of New York remanding for further administrative review the application of the Board of...

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