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MORGAN v. BURKE

No. 90-1614.

926 F.2d 86 (1991)

Tallulah MORGAN, et al., Plaintiffs, Appellees, v. Daniel R. BURKE, et al., Defendants, Appellees. Boston Teachers Union Local 66, Appellant.

United States Court of Appeals, First Circuit.

Decided February 21, 1991.

Attorney(s) appearing for the Case

Matthew E. Dwyer with whom Grady and Dwyer, was on brief, Boston, Mass., for appellant.

Robert Pressman with whom Thomas I. Atkins, was on brief, Cambridge, Mass., for plaintiffs, appellees.

Henry C. Dinger with whom Marshall Simonds, Deborah J. Gresco, and Goodwin, Procter & Hoar, were on brief, Boston, Mass., for defendants, appellees.

Caroline B. Playter with whom Kenneth Kimerling, Nat. Lawyers Guild, Kehoe, Doyle, Playter & Novick, and Puerto Rican Legal Defense Fund, Inc., were on brief, Boston, Mass., for El Comite de Padres.

Jody L. Newman with whom Nancy Gertner, and Dwyer, Collora & Gertner, were on brief, Boston, Mass., for Concerned Black Educators of Boston.

Robert H. Blumenthal, Sp. Asst. Atty. Gen., with whom Carmen I. Rodriguez, Asst. Atty. Gen., was on brief, Quincy, Mass., for Com. of Mass.

Before BREYER, Chief Judge, ALDRICH and COFFIN, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

After nearly two decades of litigation aimed at desegregating the Boston public school system, this appeal by Boston Teachers Union Local 66 (BTU) challenges certain features of a "Final Judgment" entered by the district court on May 31, 1990.

The challenges are confined to the area of faculty and staff desegregation and present three issues: (1) whether, despite some shortfalls from earlier established goals, unitary status has...

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