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

No. 1828, Docket 91-6098.

946 F.2d 180 (1991)

UNITED STATES of America, Plaintiff-Appellee, Yonkers Branch-National Association for the Advancement of Colored People; Regina Ryer, a Minor, by her mother and next friend, Charlotte Ryer, on behalf of themselves and all individuals similarly situated, Plaintiffs-Intervenors-Appellees, v. YONKERS BOARD OF EDUCATION, Defendant-Appellee, City of Yonkers and Yonkers Community Development Agency, Defendants, City of Yonkers, Defendant-Appellant, United States Department of Housing and Urban Development and Samuel R. Pierce, Secretary, Added-Defendants-Appellees, 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. Sanford, Willard A. Genrich, Emlyn I. Griffith, Jorge L. Battista, Lora Bradley Chodos, Louise P. Matteoni, Edward Meyer, Floyd S. Linton, Salvatore Sclafini, Mimi Levin Lieber, Shirley C. Brown, Norma Gluck, Thomas Frey, James McCabe, Sr., in their official capacities as members of the State Board of Regents, Department of Education of the State of New York, Thomas Sobol, as Commissioner of Education in the State of New York, Urban Development Corporation of the State of New York, Vincent Tese, as Director of the Urban Development Corporation, Added-Defendants-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 7, 1991.


Attorney(s) appearing for the Case

Raymond P. Fitzpatrick, Jr., Birmingham, Ala. (Gilbert M. Sullivan, Jr., J. Michael Cooper, Birmingham, Ala., Jamie A. Hastings, Corp. Counsel, Eugene J. Fox, Sp. Counsel, Yonkers, N.Y., of counsel), for defendant-appellant City of Yonkers.

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

Michael H. Sussman, Goshen, N.Y., for plaintiff-intervenors-appellees Yonkers Branch-National Ass'n for the Advancement of Colored People, et al.

Before MINER, WALKER and McLAUGHLIN, Circuit Judges.


PER CURIAM:

The backdrop for the present litigation is well-documented in numerous decisions of this court, see, e.g., United States v. Yonkers Bd. of Educ., 837 F.2d 1181 (2d Cir. 1987), cert. denied, 486 U.S. 1055, 108 S.Ct. 2821, 100 L.Ed.2d 922 (1988); Yonkers Racing Corp. v. City of Yonkers, 858 F.2d 855 (2d Cir.1988), cert. denied, 489 U.S. 1077, 109 S.Ct. 1527, 103...

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