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BRITTON v. SOUTH BEND COMMUNITY SCHOOL CORP.

No. 84-2841.

819 F.2d 766 (1987)

Elmer BRITTON, et al., Plaintiffs-Appellants, v. SOUTH BEND COMMUNITY SCHOOL CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Reargued October 23, 1986.

Decided May 18, 1987.

Attorney(s) appearing for the Case

Michael A. Carvin, Edwardsburg, Mich., Richard J. LaSalvia, South Bend, Ind., for plaintiffs-appellants.

Franklin A. Morse, III, Barnes & Thornburg, South Bend, Ind., for defendants-appellees.

Before BAUER, Chief Judge, CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Reargued En Banc October 23, 1986.

POSNER, Circuit Judge.

In 1982 the public school system of South Bend, Indiana laid off 146 teachers. All were white; 48 had more seniority than blacks not laid off; two years later 20 of the 48 had not yet been recalled. In laying off only whites, the school board was acting pursuant to a provision in its collective bargaining agreement with the teachers' union to the effect that no blacks would be laid off until every white...

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