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

No. 842, Docket 89-6236.

902 F.2d 213 (1990)

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; City of Yonkers; and Yonkers Community Development Agency, Defendants-Appellees, The State of New York, Mario Cuomo, As Governor of the State of New York; The Board of Regents of the State of New York; Martin C. Barell, R. Carlos Carballada, Adelaide L. Battista, Lora Bradley Chodos, Louise P. Matteoni, Edward Meyer, Floyd L. Linton, Salvadore Scafini, Mimi Levin Lieber, Shirley C. Brown, Norma Gluck, Thomas Frey and James McCabe, Sr., in their official capacities as members of the State Board of Regents; The Department of Education of the State of New York and The Urban Development Corporation of the State of New York and Vincent Tese, as Director of the Urban Development Corporation, Added-Defendants, Valentine Bilcik, Herbert Blum, Ralph Ferraioli, Milton Holst, Robert Mangieri, Andrew J. Natale, Jr., and Nader Sayegh, individually and as members of the Parks, Recreation and Conservation Board of the City of Yonkers, Proposed Defendants-Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 2, 1990.

Attorney(s) appearing for the Case

Vivian Shevitz, Brooklyn, N.Y. (Kenneth K. Fisher, Fisher & Fisher, Brooklyn, N.Y., of counsel), for appellant.

Thomas E. Chandler, Atty. Dept. of Justice, Washington, D.C. (James P. Turner, Acting Asst. Atty. Gen., Dennis J. Dimsey, Atty., Dept. of Justice, Washington, D.C., of counsel), for appellee United States of America.

Lawrence W. Thomas, Anderson, Banks, Moore, Curran & Hollis, Mt. Kisco, N.Y. (John H. Dudley, Jr., Butzel Long Gust Klein & Van Zile, Detroit, Mich., of counsel), for appellee School Board.

(Michael H. Sussman, Yonkers, N.Y., for appellees Yonkers Branch-NAACP, on submission.)

Before OAKES, Chief Judge, WALKER, Circuit Judge, and BILLINGS, District Judge.

OAKES, Chief Judge:

In this appeal, seven members of the Parks, Recreation and Conservation Board of the City of Yonkers ("Parks Board") challenge a judgment dated September 19, 1989, by the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, denying their motion to intervene for purposes of appealing a previous district court order that dedicated certain park land in the City of Yonkers for use as the site of a new junior high...

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