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ARTHUR v. NYQUIST

No. 962, Docket 82-7802.

712 F.2d 816 (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-Appellees, Buffalo Teachers Federation, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 22, 1983.

Attorney(s) appearing for the Case

Robert D. Clearfield, Gen. Counsel, New York Educators Association, Albany, N.Y., for defendants-appellants.

Thomas I. Atkins, Gen. Counsel, NAACP, Brooklyn, N.Y. (David Gerald Jay, Buffalo, N.Y., on the brief), for plaintiffs-appellees.

J. Edmund DeCastro, Jr., Buffalo, N.Y. (Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., on the brief), for plaintiffs-intervenors-appellees.

Aubrey V. McCutcheon, Jr., Buffalo, N.Y. (James J. McLoughlin, Acting Corp. Counsel, William E. Carey, Asst. Corp. Counsel, Buffalo, N.Y., on the brief), for defendants-appellees.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal concerns primarily the degree to which a district court can impair the seniority rights of teachers in order to eliminate the vestiges of racial segregation within the faculty of a public school system and to vindicate the school children's right to a desegregated education. The Buffalo Teachers Federation (Federation) challenges a remedial plan adopted by the District Court for the Western District of New York (John T. Curtin, Chief...

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