PARENT ASS'N OF ANDREW JACKSON HIGH SCH. v. AMBACH

Nos. 553, 677, Dockets 83-7670, 83-7704.

738 F.2d 574 (1984)

The PARENT ASSOCIATION OF ANDREW JACKSON HIGH SCHOOL, an unincorporated association, Fred Perez, a minor by his father and next friend Bienvenido Perez, Brian and Roland Felder, minors by their parents and next friends Beverly and Leroy Felder, Robin Brown, a minor by her father and next friend David Brown, Joan McFarland, a minor by her father and next friend Jerome McFarland, on behalf of themselves and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. Gordon AMBACH, as Commissioner of Education of the States of New York, Irving Anker, Chancellor of the City School District of the City of New York, Samuel Plotnick, as Director of the Division of High Schools of the City School District of the City of New York, Abraham Wilner, as Superintendent of the Queens Division of High Schools of the City School District of the City of New York, James Regan, Isaiah Robinson, Stephen Aiello, Amelia Ashe, Joseph Barkin, Robert Christen, Joseph Monserrat, as members of the Board of Education of the City School District of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 16, 1984.


Attorney(s) appearing for the Case

James I. Meyerson, New York City (Thomas I. Atkins, General Counsel, NAACP, Brooklyn, N.Y., of counsel), for plaintiffs-appellees.

Robert D. Stone, Albany, N.Y., New York State Education Dept., Albany, N.Y., for defendant-appellant Gordon Ambach.

Dody Schorr, New York City (Frederick A.O. Schwarz, Jr., Corporation Counsel for the City of New York, New York City, Ronald E. Sternberg, Robert M. Katz, New York City, of counsel), for defendant-appellant Board of Education.

Before LUMBARD, WINTER and PRATT, Circuit Judges.


LUMBARD, Circuit Judge:

Defendants New York City Board of Education and New York State Commissioner of Education appeal from the decision in the Eastern District of New York, Constantino, J., invalidating the Board's plan for reassigning students of Andrew Jackson High School to other City high schools, on the ground that defendants failed to justify as necessary at least one of the racially restrictive provisions of the plan. We reverse and remand for further...

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