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WESSMANN v. GITTENS

No. 98-1657.

160 F.3d 790 (1998)

Sarah P. WESSMANN, p.p.a. Henry Robert Wessmann, Plaintiff, Appellant, v. Robert P. GITTENS, Chairperson of the Boston School Committee, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 19, 1998.

Attorney(s) appearing for the Case

Michael C. McLaughlin for appellant.

Chester Darling on brief for Citizens for the Preservation of Constitutional Rights, amicus curiae.

Frances S. Cohen, with whom Janet A. Viggiani, Hill & Barlow, Merita Hopkins, Corporation Counsel of the City of Boston, and Diane DiIanni, Special Assistant Corporation Counsel (Boston School Committee), were on brief, for appellees.

Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, and Kimberly West-Faulcon, NAACP Legal Defense and Educational Fund, Ozell Hudson, Jr., Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association, E. Macey Russell, Peabody & Arnold, Jonathan M. Albano, Denise J. Casper and Bingham Dana LLP on brief for Boston Branch, NAACP, and various individuals, amici curiae.

Before SELYA, BOUDIN and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

The City of Boston operates three renowned "examination schools," the most prestigious of which is Boston Latin School (BLS). The entrance points for admission to BLS occur principally at the seventh- and ninth-grade levels. In this litigation, plaintiff-appellant Henry Robert Wessmann, on behalf of his minor child, Sarah P. Wessmann, challenges the constitutionality of BLS's admissions policy (the Policy...

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