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BERRY v. SCHOOL DIST. OF CITY OF BENTON HARBOR

No. 85-1240.

801 F.2d 872 (1986)

Barbara Jean BERRY, et al., Plaintiffs-Appellees, v. SCHOOL DISTRICT OF the CITY OF BENTON HARBOR, et al., Defendants-Appellees, and Michigan Education Association, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1986.

Attorney(s) appearing for the Case

Arthur R. Przybylowicz, Timothy P. Greeley (argued), Foster, Swift, Collins & Coey, P.C., Lansing, Mich., for appellant.

John D. Tully, Warner, Norcross & Judd, Grand Rapids, Mich., Michael H. Sussman (argued), Sussman & Sussman, Yonkers, N.Y., for appellees.

Before MERRITT and WELLFORD, Circuit Judges; and EDWARDS, Senior Circuit Judge.

MERRITT, Circuit Judge.

This is an appeal by the Michigan Education Association from a continuing order of the District Court which, as part of an inter-district school desegregation plan, indefinitely prohibits the layoff of any black teachers, thereby suspending application of the Michigan Teacher Tenure Act, M.C.L.A. § 38.71, et seq., and certain provisions of an existing collective bargaining agreement. For...

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