1. Home
  2. Browse Decisions
  3. F.2d
  4. 651 F.2d
  5. 651 F.2d 183 (1981)
 

MITCHELL v. McCUNNEY

No. 80-2237.

651 F.2d 183 (1981)

MITCHELL, Velma and Mitchell, Garry and Clark, Marlene and Clark, Sharlene, a minor by her mother and natural guardian Marlene Clark, and Frazier, Hattie and Clark, Norman and Clark, Jr., Norman, a minor by his father and natural guardian Norman Clark and on behalf of themselves and on behalf of others similarly situated, Appellants, v. Mark A. McCUNNEY, individually and as President of the Board of School Directors, Southeast Delco School District, William A. Cubit, individually and as Vice President of the Board of School Directors, Southeast Delco School District, John H. Alexander, individually and as a member of the school Board of Directors, Southeast Delco School District, Harry A. Dunlap, individually and as a member of the School Board of Directors, Southeast Delco School District, Angelo M. LaBuono, individually and as a member of the School Board of Directors, Southeast Delco School District, Wilford L. Ottey, individually and as a member of the School Board of Directors, Southeast Delco School District, Barbara L. Whitsett, individually and as a member of the School Board of Directors, Southeast Delco School District, Franklin A. Yeager, individually and as a member of the School Board of Directors, Southeast Delco School District, and School Board of Directors, Southeast Delco School District, Defendants I, v. Peter A. LeDONNE, individually and as Superintendent of the Southeast Delco School District, Defendants II, v. Robert G. SCANLON, Secretary of Education, Commonwealth of Pennsylvania, Defendants III, v. Terrel H. BELL, Secretary of Education, Defendant IV.

United States Court of Appeals, Third Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

Roland J. Atkins, Philadelphia, Pa., for appellant.

Philip A. Ayers, Counsel for Dept. of Ed., Michael A. Davis, Chief Counsel, Pennsylvania Dept. of Ed., Harrisburg, Pa., for appellee Robert G. Scanlon, Secretary of Ed., Commonwealth of Pennsylvania.

James P. Turner, Acting Asst. Atty. Gen., Walter W. Barnett, Marie E. Klimesz, Department of Justice, Washington, D. C., 20530, for federal appellee.

Peter J. Nolan, Nolan & Semeraro, Media, Pa., for defendant I & II.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

A plaintiff class of black elementary school students and their parents residing in the southern portion of Darby Township appeals from a decision of the district court following a nonjury trial. The court rejected plaintiffs' claim that the Southeast Delco School District desegregation plan places an unconstitutionally undue burden on black students. Plaintiffs objected that the closing of the only elementary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases