MORGAN v. McDONOUGH

Nos. 80-1271, 80-1272, 80-1288 and 80-1296.

689 F.2d 265 (1982)

Tallulah MORGAN, et al., Plaintiffs, Appellees, v. John McDONOUGH, et al., Defendants, Appellees. Boston Home and School Association, Intervenor, Appellant. Tallulah MORGAN, et al., Plaintiffs, Appellees, v. John J. McDONOUGH, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 16, 1982.


Attorney(s) appearing for the Case

Marshall Simonds, P. C., and Steven P. Perlmutter, Boston, Mass., with whom Henry C. Dinger and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for appellants Boston School Committee and The City of Boston.

Thayer Fremont-Smith, Boston, Mass., with whom Lee T. Gesmer, Choate, Hall & Stewart, Wm. Shaw McDermott, McDermott & Rizzo, Boston, Mass., were on brief, for Boston Home and School Ass'n.

Robert H. Bohn, Jr., Sp. Asst. Atty. Gen., Boston, Mass., with whom Bohn & Kaplan, and Robert H. Blumenthal, Auburndale, Mass., were on brief, for Com'r of Bd. of Educ.

Caroline B. Playter, Boston, Mass., with whom Doyle, Playter, Novick & Berkin, Boston, Mass., and Kenneth Kimerling, New York, City, were on brief, for El Comite De Padres.

Larry J. Johnson, Cambridge, Mass., with whom Robert Pressman, Cambridge, Mass., was on brief, for plaintiffs, appellees in Case Nos. 80-1272 and 80-1296.

Laurence S. Fordham, Boston, Mass., with whom J. Harold Flannery, Jeffrey B. Abramson, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for plaintiffs, appellees in Case Nos. 80-1271 and 80-1288.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

These appeals are from orders entered in 1980 in the continuing Boston school desegregation case. For prior aspects of the case, see Morgan v. Kerrigan, 530 F.2d 401 (1st Cir.), cert. denied, 426 U.S. 935, 96 S.Ct. 2648, 49 L.Ed.2d 386 (1976); Morgan v. Kerrigan, 509 F.2d 580 (1st Cir. 1974), cert. denied, 421 U.S. 963, 95 S.Ct. 1950, 44...

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