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ARTHUR v. NYQUIST

No. 1037, Docket 82-7690.

712 F.2d 809 (1983)

George ARTHUR, et al., Plaintiffs-Appellees, and Community Advisory Board for Bilingual Education of Buffalo, et al., Plaintiffs-Intervenors-Appellees, v. Ewald P. NYQUIST, Individually and as Commissioner of Education of the State of New York, et al., Defendants, James D. Griffin, Mayor of the City of Buffalo, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 22, 1983.

Attorney(s) appearing for the Case

J. Edmund De Castro, Jr., Buffalo, N.Y. (Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., on the brief), for plaintiff-intervenor-appellee Community Advisory Bd. of Bilingual Educ. of Buffalo.

Bruce A. Goldstein, Gerald P. Seipp, and Serotte, Reich & Goldstein, Buffalo, N.Y., submitted a brief for plaintiff-intervenors handicapped children.

Frank G. Raichle, Buffalo, N.Y. (Arnold Weiss, Raichle, Banning, Weiss & Halpern, Buffalo, N.Y., on the brief), for defendants-appellants Mayor and Common Council of Buffalo.

Thomas I. Atkins, Gen. Counsel, N.A.A.C.P., Brooklyn, N.Y. (Jay, Klaif & Morrison, Buffalo, N.Y., on the brief), for plaintiffs-appellees.

Aubrey V. McCutcheon, Jr., Sp. Counsel to Corp. Counsel, Buffalo, N.Y. (James J. McLoughlin, Acting Corp. Counsel, William E. Carey, Asst. Corp. Counsel, Buffalo, N.Y., on the brief), for defendant-appellee Buffalo Bd. of Educ.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal and a companion matter decided this day, No. 82-7802, concern the propriety of remedies ordered by the District Court for the Western District of New York (John T. Curtin, Chief Judge) as part of continuing efforts to eliminate the deliberate racial segregation previously found to have existed in the public school system of Buffalo, New York. In this appeal the Mayor and the Common Council of Buffalo

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