COALITION TO SAVE OUR CHILDREN v. STATE BD. OF EDUC.

Civ. A. No. 56-1816-1822-SLR.

901 F.Supp. 784 (1995)

COALITION TO SAVE OUR CHILDREN, Plaintiff, v. STATE BOARD OF EDUCATION OF the STATE OF DELAWARE, the Board of Education of the Brandywine School District, the Board of Education of the Christina School District, the Board of Education of the Colonial School District, and the Board of Education of the Red Clay Consolidated School District, and Delaware House of Representatives Committee on Desegregation, Defendants.

United States District Court, D. Delaware.

August 14, 1995.


Attorney(s) appearing for the Case

Victor F. Battaglia, of Biggs & Battaglia, Wilmington, Delaware; Leonard L. Williams, Wilmington, Delaware; Thomas D. Barr, David Boies, Sandra C. Goldstein, and Katherine B. Forrest, of Cravath, Swaine & Moore, New York City; and Thomas J. Henderson, Sharon R. Vinick, Washington, DC; and Pace J. McConkie, Salt Lake City, UT, of Lawyers' Committee for Civil Rights Under Law, attorneys for plaintiff.

Bertram S. Halberstadt, Wilmington, Delaware, and Sandra Del Valle, New York City, attorneys for Intervening Hispanic Plaintiffs.

Rodman Ward, Jr., Andrew G. Bouchard, Daniel V. Folt, and Joel E. Friedlander, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, Delaware; and M. Jane Brady and Ann Woolfolk, Wilmington, DE, attorneys for the State Board of Education of the State of Delaware. OF COUNSEL: David J. Margules, of Klehr, Harrison, Harvey, Branzburg & Ellers, Wilmington, Delaware.

David H. Williams, and Barbara D. Crowell, of Morris, James, Hitchens & Williams, Wilmington, Delaware, attorneys for the Brandywine, Christina, and Colonial School Districts.

Alfred J. D'Angelo, Jr., M. Duncan Grant, and Kathryn A. Kelly, of Pepper, Hamilton & Scheetz, Wilmington, Delaware, attorneys for the Red Clay Consolidated School District.

Donald E. Marston, of Williams, Sullivan, & Marston, Wilmington, Delaware; and Charles J. Cooper, and Michael W. Kirk, of Shaw, Pittman, Potts & Trowbridge, Washington, DC, attorneys for Delaware House of Representatives Committee on Desegregation.


OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Under consideration is a motion filed by defendants1 seeking a declaration of "unitary status."2 (D.I.1542) Having reviewed the materials submitted by the parties during the evidentiary hearing held in this matter,3 in light of the history of school desegregation litigation in this country, the court is...

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