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; Mae Helen Woody, Juanita Jordan
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; 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, Churchill Area School District, Edgewood School District, Swissvale Area School District, Turtle Creek Area School District.
Appeal of SCHOOL DISTRICT OF EDGEWOOD, in 81-1691.
Appeal of SCHOOL DISTRICT OF CHURCHILL AREA, in 81-1692.
Appeal of SCHOOL DISTRICT OF SWISSVALE AREA, in 81-1693.
Appeal of SCHOOL DISTRICT OF TURTLE CREEK AREA, in 81-1694.
Appeal of SWISSVALE AREA SCHOOL DISTRICT, Churchill Area School District, Edgewood School District and Turtle Creek Area School District, in 81-1695.
Appeal of SCHOOL DISTRICTS OF CHURCHILL AREA, EDGEWOOD, SWISSVALE AREA AND TURTLE CREEK AREA, in 81-1790.
Appeal of ALLEGHENY COUNTY INTERMEDIATE UNIT and Allegheny County School Board, in 81-1986.
Appeal of COMMONWEALTH OF PENNSYLVANIA, W. Deming Lewis, Chairman of the Pennsylvania State Board of Education and the Pennsylvania State Board of Education, in 81-1987.
Appeal of Edward HALLENBERG, in 81-1988.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 18, 1981.
Decided February 1, 1982.
Attorney(s) appearing for the Case
Thomas A. Gottschalk (argued), Washington, D. C., for School Dist. of Edgewood and Turtle Creek Area.
Carl W. Brueck, Brueck & Houck, Pittsburgh, Pa., for School Dist. of Edgewood.
Philip B. Kurland (argued), Chicago, Ill., John J. Coffey, Philadelphia, Pa., Rothschild, Barry & Myers, Chicago, Ill., J. Robert Maxwell, Maxwell & Huss, Pittsburgh, Pa., for School Dist. of Churchill Area.
Frank Goodman (argued), Philadelphia, for Swissvale Area School Dist.
Allen C. Warshaw, Deputy Atty. Gen., Chief, Civ. Litigation (argued), Harrisburg, Pa., Alton P. Arnold, Jr., William A. Webb, Deputy Atty. Gen., LeRoy S. Zimmerman, Atty. Gen. for the Com. of Pa., Harrisburg, Pa., for Com. of Pa., State Bd. of Ed. and W. Deming Lewis.
Anton W. Bigman (argued), Pittsburgh, Pa., Linda A. Blumkin, Fried, Frank, Harris, Shriver & Jacobson, New York City, for General Braddock Area School Dist.
Thomas J. Henderson (argued), Pittsburgh, Pa., Jack Greenberg, James M. Nabrit, III, James S. Liebman (argued), Neighborhood Legal Services, New York City, for Dorothy Hoots, etc., et al.
G. N. Evashavik, Evashavik, Capone, Evans & Della Vecchia, Pittsburgh, Pa., Robert H. Bork, New Haven, Conn., Kirkland & Ellis, Washington, D. C., for Turtle Creek Area School Dist.
J. Frank McKenna, III, Thorp, Reed & Armstrong, Pittsburgh, Pa., for East Allegheny School Dist.
Michael I. Levin, Cleckner & Fearen, Harrisburg, Pa., amicus curiae, Pa. School Boards Assn.
Thomas Rutter, William C. Andrews, Goehring, Rutter & Boehm, Pittsburgh, Pa., for Edward X. Hallenberg and Allegheny Intermediate Unit, Allegheny County School Bd.
Before GIBBONS, HUNTER and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge.
This decision is the ninth chapter in the history of this decade-old school desegregation case.1 The plaintiff class consists of parents of children who attend public schools in the General Braddock Area School District ("GBASD") in Allegheny County, Pennsylvania. Defendants are the Commonwealth of Pennsylvania, the Pennsylvania...
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