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FELTON v. SECRETARY, UNITED STATES DEPT. OF EDUC.

Nos. 909, 924, Dockets 85-6399, 6413.

787 F.2d 35 (1986)

Betty-Louise FELTON, Charlotte Green, Barbara Hruska, Meryl A. Schwartz, Robert H. Side and Allen H. Zelon, Plaintiffs-Appellants, v. SECRETARY, UNITED STATES DEPARTMENT OF EDUCATION, and the Chancellor of the Board of Education of the City of New York, Defendants-Appellees, and Yolanda Aguilar, Lillian Colon, Miriam Martinez and Belinda Williams, Intervenors-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1986.

Attorney(s) appearing for the Case

Stanley Geller, New York City (Barbara L. Migdal, of counsel), for plaintiffs-appellants.

Frederick P. Schaffer, Atty., Office of Corp. Counsel of City of New York, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of City of New York, Marilyn Richter, of counsel), for defendant-appellee Chancellor of the Bd. of Educ. of City of New York.

Michael Jay Singer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (Howard S. Scher, Atty., Dept. of Justice, Raymond J. Dearie, U.S. Atty. for E.D.N.Y., Richard K. Willard, Asst. Atty. Gen., of Counsel), for defendant-appellee Secretary, U.S. Dept. of Educ.

Charles H. Wilson, Williams & Connolly, Washington, D.C. (George Ellard, of counsel; Joseph C. Markowitz, New York City, Parker, Auspitz, Neesemann & Delehanty, of counsel), for intervenors-defendants-appellees.

Before FEINBERG, Chief Judge, TIMBERS and NEWMAN, Circuit Judges.

FEINBERG, Chief Judge:

Appellants, federal taxpayers, challenge an order of the United States District Court for the Eastern District of New York, Edward R. Neaher, J., which stayed for one year its judgment declaring unconstitutional New York City's Chapter 1 program.1 They also appeal from Judge Neaher's refusal to clarify and resettle the judgment. For the reasons stated below, we affirm the order of the district court.

I....

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