Tallulah MORGAN, et al., Plaintiffs, Appellees,
v.
John A. NUCCI, et al., Defendants, Appellants.
Tallulah MORGAN, et al., Plaintiffs, Appellees,
v.
John A. NUCCI, et al., Defendants, Appellees. (Two Cases)
Appeal of BOSTON TEACHERS UNION, LOCAL 66, AFT, AFL-CIO.
Appeal of MAYOR OF BOSTON and Public Facilities Commission of the City of Boston, Defendants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued March 5, 1987.
Decided September 28, 1987.
Attorney(s) appearing for the Case
Henry C. Dinger with whom Marshall Simonds, P.C., Nancer Ballard and Goodwin, Procter & Hoar, Boston, Mass., were on brief for appellants Joseph Nucci and School Committee of City of Boston in Nos. 85-1447 and 85-1900.
Thomas I. Atkins, Baltimore, Md., with whom Robert Pressman, Center for Law & Education, Washington, D.C., was on brief for plaintiffs-appellees Tallulah Morgan, et al., in Nos. 85-1447 and 85-1900.
Joan Entmacher, Asst. Atty. Gen., Civ. Rights Div., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., and Robert H. Blumenthal, Counsel, Dept. of Educ., Quincy, Mass., were on brief for appellee State Bd. of Educ. in Nos. 85-1447 and 85-1900.
Steven P. Perlmutter with whom Harrison & Maguire, P.C., Boston, Mass., was on brief for appellants Mayor of the City of Boston and Public Facilities Com'n of the City of Boston in No. 85-2006.
Henry C. Dinger with whom Marshall Simonds, P.C., Nancer Ballard and Goodwin, Procter & Hoar, Boston, Mass., were on brief for defendants-appellees School Committee of the City of Boston and Superintendent of the Boston Public Schools in No. 85-2006.
Robert Blumenthal, Quincy, Mass., for appellee State Bd. of Educ. in No. 85-2006.
Carolyn B. Playter, Nat. Lawyers Guild, with whom Kehoe, Doyle, Playter & Novick, Boston, Mass., and Kenneth Kimerling, Puerto Rican Legal Defense Fund, New York City, were on brief for plaintiff-intervenor, appellee El Comite de Padres in No. 85-2006.
Robert Pressman, Center for Law & Educ., Quincy, Mass., for plaintiffs-appellees Tallulah Morgan, et al., in No. 85-2006.
James T. Grady with whom Gabriel O. Dumont, Jr. and Grady, Dumont & Dwyer, Boston, Mass., were on brief for appellant Boston Teachers Union, Local 66, in No. 85-1747.
Henry C. Dinger, Boston, Mass., for appellees John A. Nucci and School Committee of the City of Boston in No. 85-1747.
Carolyn B. Playter, Boston, Mass., for plaintiff-intervenor, appellee El Comite de Padres in No. 85-1747.
Robert Pressman, Quincy, Mass., for plaintiffs-appellees Tallulah Morgan, et al., in No. 85-1747.
Robert Blumenthal for appellee State Board of Educ. in No. 85-1747.
Nancy Gertner and Silverglate, Gertner, Fine, Good & Mizner, Boston, Mass., on brief for plaintiff-intervenor, appellees Concerned Black Educators of Boston in No. 85-1747.
Before CAMPBELL, Chief Judge, COFFIN and TORRUELLA, Circuit Judges.
United States Court of Appeals, First Circuit.
LEVIN H. CAMPBELL, Chief Judge.
These consolidated appeals from orders entered by the district court in the Boston public school desegregation case raise questions as to whether the federal court may properly continue to involve itself in certain school matters. At issue is whether desegregation has been so far accomplished that the orders amount to an improper perpetuation of the district court's powers.
I. BACKGROUND
The history of the Boston school...
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