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BRONSON v. BD. OF EDUC. OF CITY SCHOOL DIST., ETC.

Nos. 82-3405 to 82-3407.

687 F.2d 836 (1982)

Mona BRONSON, et al., Plaintiffs-Respondents, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF CINCINNATI, et al., Defendants-Petitioners.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1982.

Rehearing and Rehearing Denied November 30, 1982.

Attorney(s) appearing for the Case

Mark O'Neill, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, A. David Nichols, Metzger, Phillipps & Nichols, Cincinnati, Ohio, for plaintiffs-respondents in No. 82-3406.

John A. Lloyd, Jr., Cincinnati, Ohio, for plaintiffs-respondents in No. 82-3405.

Mark A. Vander Laan, James W. Farrell, Jr., Lawrence A. Kane, Jr., Dinsmore & Shohl, Cincinnati, Ohio, for plaintiffs-respondents in No. 82-3407.

Solvita McMillan, Cleveland, Ohio, William E. Caldwell, Elizabeth McKanna, Ratner & Sugarmon, Memphis, Tenn., for defendants-petitioners in all cases.

Thomas Atkins, Teresa Demchak, N.A.A.C.P., New York City, for N.A.A.C.P.

Before LIVELY, Circuit Judge, and WEICK and PHILLIPS, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied November 30, 1982.

LIVELY, Circuit Judge.

This appeal raises two related questions: (1) Whether collateral estoppel has any application to school desegregation cases; and (2) Whether a finding in a school desegregation case that the defendants did not, prior to July 26, 1965, act with segregative intent in the operation of a public school system may be relitigated because no specific finding was made with respect to May...

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