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, Appellants,
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; 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, Appellees.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 3, 1980.
Decided January 26, 1981.
Opinion on Denial of Rehearing February 25, 1981.
As Amended February 26, 1981.
Attorney(s) appearing for the Case
James S. Liebman (argued), Bill Lann Lee, Jack Greenberg, Thomas J. Henderson, Neighborhood Legal Services Ass'n, New York City, for appellants.
Allen C. Warshaw (argued), Alton Arnold, Harvey Bartle, III, Harrisburg, Pa., for Commonwealth of Pennsylvania.
J. Robert Maxwell (argued), Maxwell & Huss, Pittsburgh, Pa., for Churchill Area School Dist.
John J. Hickton (argued), James R. Duffy, Hickton & Dean, Pittsburgh, Pa., for Swisvale Area School Dist.
G. N. Evashavik (argued), Evashavik, Capone, Evans & Della Vecchia, Pittsburgh, Pa., for Turtle Creek Area School Dist.
Carl W. Brueck, Jr., Brueck & Houck, Pittsburgh, Pa., for Edgewood School Dist.
J. Frank McKenna, III and William M. Wycoff, Thorp, Reed & Armstrong, Pittsburgh, Pa., for East Allegheny School Dist.
Donald C. Fetzko, Pittsburgh, Pa., for Steel Valley School Dist.
Before HUNTER, GARTH and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge.
This is the fifth published chapter in the long history of this litigation.1 The factual history and procedural posture of the case were ably recited by Judge Garth in this court's October, 1978 opinion.2 Here, we will briefly summarize that account and then supplement it with a recital of subsequent events leading to the instant appeal.
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