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BERRY v. SCHOOL DIST. OF CITY OF BENTON HARBOR

Nos. 81-1391 to 81-1396.

698 F.2d 813 (1983)

Barbara Jean BERRY, et al., Plaintiffs-Appellants, v. SCHOOL DISTRICT OF the CITY OF BENTON HARBOR, et al., Defendants-Appellees. William G. Milliken, Governor of the State of Michigan, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1983.

Attorney(s) appearing for the Case

Thomas I. Atkins (argued), Michael H. Sussman, Teresa Demchak, Brooklyn, N.Y., for Barbara Jean Berry, et al.; Duane Elston, Detroit, Mich., on brief.

John D. Tully (argued), Warner, Norcross & Judd, Grand Rapids, Mich., for School Dist. of the City of Benton Harbor, et al.; Joseph G. Scoville, Grand Rapids, Mich., on brief.

Robert A. Derengoski, Sol. Gen., James E. Riley, Asst. Atty. Gen. (argued), Lansing, Mich., for William G. Milliken, Governor of the State of Mich., et al.; Frank J. Kelley, Atty. Gen., on brief.

E. Michael Stafford, Lansing, Mich., for Coloma Community Schools.

Lee Boothby, Berrien Springs, Mich., for Zelma Fellner, et al.

Francis A. Jones, III (argued), Hartwig, Crow, Jones & Postelli, St. Joseph, Mich., for Eau Claire School Dist.

Thomas J. Nordberg (argued), Thrun, Maatsch & Nordberg, Lansing, Mich., for Berrien County Intermediate School Dist.

Before EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.

GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

This case has presented in one form or another almost all of the issues which are possible in a school desegregation case. This action was initiated in November, 1967. It was first heard before District Judge W. Wallace Kent, and later heard by District Judge Noel Fox and was still later heard by District Judge Douglas Hillman.1 The protracted history of this case is recorded in the following opinions...

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