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JACOBSON v. CINCINNATI BD. OF EDUC.

Nos. 90-3739, 90-3840.

961 F.2d 100 (1992)

Bea JACOBSON; Thirileen King; Bonita White; Clarice Cummings; Martha Retic; Marilyn Rosser; Linda Young; Rosa Montgomery; Cincinnati Federation of Teachers, Plaintiffs-Appellants, v. CINCINNATI BOARD OF EDUCATION; Lee Etta Powell, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Donald J. Mooney, Jr. (argued and briefed), Benesch, Friedlander, Coplan & Aronoff, Cincinnati, Ohio, for plaintiffs-appellants.

David T. Croall (argued and briefed), James K.L. Lawrence, Frost & Jacobs, John P. Concannon, Cincinnati Public Schools, Cincinnati, Ohio (briefed), for defendants-appellees.

Trudy Donath Rauh, Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, William L. Taylor, Washington, D.C. (argued and briefed), for amici curiae Mona Bronson et al.

Before: KENNEDY and NORRIS, Circuit Judges; and MILES, Senior District Judge.

ALAN E. NORRIS, Circuit Judge.

Eight Cincinnati public school teachers and the Cincinnati Federation of Teachers ("CFT"), the union that represents them, brought suit in the district court challenging the teacher transfer policy adopted by the Cincinnati Board of Education ("Board") to ensure that the faculty of its schools reflects system-wide racial balance. After an evidentiary hearing, the district court concluded that the policy did not violate either plaintiffs...

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