HOOTS v. COM. OF PA.

Civ. A. No. 71-538.

510 F.Supp. 615 (1981)

Dorothy HOOTS, individually and as mother of her children Janelle Hoots and Jamie Hoots, Mrs. Addrallace Knight, individually and as mother and natural guardian of her children Ronald Knight, Loretta Knight, Terrance Knight, Marc Knight and Byron Knight; Barbara Smith, individually and as mother and natural guardian of her children Tawanda Smith, Tevela Smith, Joseph Smith, Wesley Smith and Eric Smith; on behalf of themselves and all others similarly situated v. COMMONWEALTH OF PENNSYLVANIA: Edward X. Hallenberg, President of the Allegheny County Board of School Directors; the Allegheny County Board of School Directors; W. Deming Lewis, Chairman of the Pennsylvania State Board of Education; Michael Sullivan, President of the School District of the Borough of Braddock; the School District of the Borough of Braddock; Andrew Lisyak, President of the School Board of the School District of the Borough of Rankin; the School District of the Borough of Rankin, Leo Campbell, President of the School Board of the School District of the Borough of North Braddock; and the School District of the Borough of North Braddock; the Allegheny Intermediate Unit Board of School Directors and Edward X. Hallenberg, as President of the Allegheny Intermediate Board of School Directors, Turtle Creek Area School District, Edgewood School District, West Mifflin School District, Steel Valley School District, East Allegheny School District, Swissvale Area School District, Churchill Area School District, and Gateway School District.

United States District Court, W. D. Pennsylvania.

March 5, 1981.


Attorney(s) appearing for the Case

Thomas J. Henderson, Neighborhood Legal Services Assoc., Pittsburgh, Pa., James S. Liebman, New York City, for plaintiff.

Allen C. Warshaw, Deputy Atty. Gen., Chief, Civ. Litigation, Com. of Pa., Dept. of Justice, Harrisburg, Pa., for Com. of Pa.

J. Robert Maxwell, Pittsburgh, Pa., for Churchill.

John J. Hickton and Alan Opsitnick, Pittsburgh, Pa., for Swissvale.

Thomas M. Rutter, Pittsburgh, Pa., for Gateway and West Mifflin.

G. N. Evashavik, Pittsburgh, Pa., for Turtle Creek.

Anton Bigman, Pittsburgh, Pa., for General Braddock.

Donald C. Fetzko, West Mifflin, Pa., for Steel Valley.

Carl W. Brueck, Pittsburgh, Pa., for Edgewood.

William M. Wycoff and J. Frank McKenna, III, Pittsburgh, Pa., for East Allegheny.


OPINION

WEBER, Chief Judge.

In 1973, this court found the General Braddock Area School District was a racially segregated district, created by the Commonwealth of Pennsylvania through its state and county Boards. Since that time, the court has heard testimony on several plans designed to desegregate the school system. At this stage, however, no further decisions on an appropriate plan can be made until it is determined which, if any, of the surrounding school...

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