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KAPLAN v. BD. OF EDUC. OF CITY SCH. DIST. ETC.

No. 637, Docket 84-7919.

759 F.2d 256 (1985)

Philip KAPLAN, Dennis Coleman, Hyman Cohen, Marjorie Matthews, Francie Goldman, Ralph Giordano, "Jane Doe", on behalf of themselves and all others similarly situated, Elsie Mott, and the New York City School Boards Association, Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK; James F. Regan, individually and as President of the Board of Education of the City School District of the City of New York; Miguel O. Martinez, individually and as Vice President of the Board of Education of the City School District of the City of New York; Amelia Ashe, Joseph G. Barkan, Stephen R. Franse, Irene Impellizzeri, and Margorie A. Lewis, individually and as members of the Board of Education of the City School District of the City of New York; Nathan Quinones, Chancellor of the City School District of the City of New York; John R. Nolan, Secretary, Board of Education of the City School District of the City of New York; Michael P. Sofarelli, Inspector General of the Board of Education of the City School District of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 8, 1985.

Attorney(s) appearing for the Case

Michael A. Rebell, New York City (Roberta G. Koenigsberg, and Rebell & Krieger, New York City, on brief), for plaintiffs-appellants.

Francis F. Caputo, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Beth G. Schwartz and Susan D. Wagner, New York City, on brief), for defendants-appellees.

Before TIMBERS, CARDAMONE and ROSENN, Circuit Judges.

TIMBERS, Circuit Judge:

This is an appeal pursuant to 28 U.S.C. § 1292 (1982) from an order entered in the Eastern District of New York denying appellants' motion for a preliminary injunction. The district court refused to grant appellants the relief requested on the ground that they had failed to demonstrate either probable success on the merits or the existence of a sufficiently serious question going to the merits to make it a fair ground for litigation. The...

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