PENICK v. COLUMBUS BD. OF ED.

Nos. 81-3072, 81-3102.

663 F.2d 24 (1981)

Gary L. PENICK, et al. Plaintiffs-Appellees, Cross-Appellants, v. COLUMBUS BOARD OF EDUCATION, et al. Defendants, and Ohio State Board of Education, et al. Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1981.


Attorney(s) appearing for the Case

Mark O'Neill, Weston, Hurd, Fallon, Pausley & Howley, Cleveland, Ohio, Thomas P. Michael, Alexander, Ebinger, Fisher, Lawrence & McAlister, Samuel H. Porter, Porter, Wright, Morris & Arthur, Columbus, Ohio, for defendants-appellants, cross-appellees.

Leo Ross, Bell, White & Ross, Richard Stein, Columbus, Ohio, William E. Caldwell, Elizabeth McKanna, Ratner & Sugarmon, Memphis, Tenn., Thomas I. Atkins, Teresa Demchak, NAACP, New York City, Solvita A. McMillan, James L. Hardiman, Cleveland, Ohio, for plaintiffs-appellees, cross-appellants.

Before EDWARDS, Chief Judge, LIVELY and ENGEL, Circuit Judges.


GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

This is the Columbus school desegregation case1 which has been returned to this court after our remand to the District Court for reconsideration and new findings of fact concerning the question of liability for unconstitutional segregation on the part of defendants-appellants Ohio State Board of Education and Ohio Superintendent of Public Instruction.

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