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U.S. v. YONKERS BD. OF EDUC.

Nos. 1207, 1208, Dockets 87-6070, 88-6078.

856 F.2d 7 (1988)

UNITED STATES of America, Plaintiff-Appellee, Yonkers Branch-National Association for the Advancement of Colored People, et al., Plaintiffs-Intervenors-Appellees, v. YONKERS BOARD OF EDUCATION, Defendant-Appellee, City of Yonkers and Yonkers Community Development Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Linda F. Thome, Washington, D.C. (William Bradford Reynolds, Asst. U.S. Atty. Gen., David K. Flynn, U.S. Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellee.

Michael H. Sussman, Yonkers, N.Y. (Sussman & Sussman, Yonkers, N.Y., of counsel), for plaintiffs-intervenors-appellees.

John H. Dudley, Jr., Detroit, Mich. (John B. Weaver, Mark T. Nelson, Butzel Long Gust Klein & Van Zile, Detroit, Mich., of counsel), for defendant-appellee.

Michael W. Sculnick, New York City (Stanley R. Strauss, Vedder, Price, Kaufman, Kammholz & Day, New York City, Rex E. Lee, Carter G. Phillips, Mark D. Hopson, Sidley & Austin, Washington, D.C.; Paul W. Pickelle, Corp. Counsel for City of Yonkers, Yonkers, N.Y., of counsel), for defendants-appellants.

Before LUMBARD and MINER, Circuit Judges, and CONNER, District Judge.

MINER, Circuit Judge.

On these appeals, defendants-appellants City of Yonkers and Yonkers Community Development Agency (collectively, "the City") appeal from two orders entered January 30, 1987 and March 17, 1988 in the United States District Court for the Southern District of New York (Sand, J.), which direct the City to provide funding for the construction of two new schools in accordance with the public school desegregation plan approved in that court's prior School...

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