Nos. 80-3390, 80-3507.

683 F.2d 963 (1982)

Doris BELL, Maynard Bell, Ann H. Benoit, Cecil R. Benoit, Paulette McGregor, and Jacques McGregor, Plaintiffs-Appellants, v. BOARD OF EDUCATION, AKRON PUBLIC SCHOOLS; Conrad C. Ott, Superintendent, Akron Public Schools; City of Akron; Mayor John S. Ballard; Akron Metropolitan Housing Authority; David Levey, Director, Akron Metropolitan Housing Authority; and Paul J. Everson, President, Ohio Real Estate Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1982.

Attorney(s) appearing for the Case

Robert Allen Sedler, Detroit, Mich., Daniel T. Wilson, Anna Maria Barnum, Randall L. Johnson, Akron, Ohio, for plaintiffs-appellants.

John M. Glenn, Buckingham, Doolittle & Burroughs, Edward Riegler, Eugene Oestreicher, Akron, Ohio, B. Douglas Anderson, Asst. Atty. Gen. of Ohio, Columbus, Ohio, for defendants-appellees.

Before EDWARDS, Chief Judge, and MERRITT and BROWN, Circuit Judges.

MERRITT, Circuit Judge.

In this school desegregation case from Akron, Ohio, plaintiffs-appellants sought to prove in the court below, and they argue on appeal, three basic liability claims against the school board:

1. Pre-1965 School Board Conduct. — "[A]s a direct result of intentionally segregative acts and omissions by 1965, the Akron school board was maintaining an enclave of racially identifiable black schools in the middle-western portion...

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