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

No. 1528, Docket 93-6342.

29 F.3d 40 (1994)

UNITED STATES of America, Plaintiff-Appellee, Yonkers Branch-NAACP, Plaintiff-Intervenor-Appellee, v. YONKERS BOARD OF EDUCATION; U.S. Department of Housing and Urban Development; Martin C. Barrell; Jorge L. Battista; Board of Regents of New York; Shirley C. Brown; R. Carlos Carballada; Salvadore Sclafini; Thomas Sobol; Lora Bradley Chodos; State of New York; Thomas Frey; Willard A. Genrich; Norma Gluck; Emlyn I. Griffith; Vincent Tese; Mimi Levenlieber; Yonkers Community Development Agency; Floyd S. Linton; Louise P. Matteoni; James McCabe; Edward Meyer; Urban Development Corporation of the State of New York; Samuel R. Pierce; Adelaide L. Sanford; Mario Cuomo, as Governor of the State of New York and Floyd S. Linton, Defendants, v. CITY OF YONKERS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Raymond P. Fitzpatrick, Jr., Birmingham, AL (R. Scott Clark, Helen Kathryn Downs-Smith, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, of counsel), for defendant-appellant.

Lisa C. Wilson, Dept. of Justice, Washington, DC (James P. Turner, Acting Asst. Atty. Gen., David K. Flynn, Dept. of Justice, Washington, DC, of counsel), for plaintiff-appellee U.S.

Michael H. Sussman, Goshen, NY, for plaintiff-intervenor-appellee Yonkers Branch-NAACP.

Before: MCLAUGHLIN and JACOBS, Circuit Judges, and WEINSTEIN, Senior District Judge.

PER CURIAM:

The City of Yonkers (the "City") appeals from a supplemental order entered in the United States District Court for the Southern District of New York (Leonard B. Sand, Judge) adopting additional measures designed to remedy unconstitutional housing segregation. On appeal, the City argues that the district court abused its discretion and violated principles of federalism by (1) rejecting its alternative proposal, and (2) appointing a Housing Special...

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