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U.S. v. CITY OF YONKERS

Nos. 1450, 1451, Dockets 95-6182, 95-6206.

96 F.3d 600 (1996)

UNITED STATES of America, Plaintiff, Yonkers Branch — National Association for the Advancement of Colored People, et al., Plaintiffs-Appellants, v. CITY OF YONKERS; Yonkers Community Development Agency; and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, Defendants, Yonkers Board of Education, Defendant-Appellant, The State of New York; George E. Pataki, as Governor of the State of New York; 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; Salvadore 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 of the State of New York; Urban Development Corporation of the State of New York; Vincent Tese, as Director of the Urban Development Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 23, 1996.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, NY, for Plaintiffs-Appellants.

Steven J. Routh, Washington, DC (Daniel B. Kohrman, Paul A. Minorini, Hogan & Hartson, Washington, DC, Lawrence W. Thomas, Anderson, Banks, Curran & Donoghue, Mt. Kisco, NY, on the brief), for Defendant-Appellant.

Marion R. Buchbinder, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General of the State of New York, Victoria A. Graffeo, Solicitor General, Barbara Gott Billet, Deputy Solicitor General, Nancy A. Spiegel, Stephen M. Jacoby, Assistant Attorneys General, New York City, on the brief), for Defendants-Appellees.

Before: KEARSE and ALTIMARI, Circuit Judges, and MORAN, District Judge.

KEARSE, Circuit Judge:

Plaintiffs-appellants National Association for the Advancement of Colored People, et al. ("NAACP"), and defendant Yonkers Board of Education ("Board of Education" or "Board"), a cross-claimant (collectively "plaintiffs"), appeal from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, dismissing their complaint under 42 U.S.C. § 1983, Title VI of the Civil Rights Act...

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