Robert A. REED, et al., Plaintiffs-Appellants,
v.
James A. RHODES, et al.; Cleveland Board of Education; Ohio State Board of Education; Ohio State Superintendent (96-3603/3604); Cleveland City School District; Ohio Department of Education (96-3604), Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued November 3, 1998.
Decided June 10, 1999.
Rehearing and Suggestion for Rehearing Denied August 27, 1999.
Attorney(s) appearing for the Case
Thomas I. Atkins (briefed), Brooklyn, NY, James L. Hardiman (argued and briefed), Hardiman, Buchanan, Howland & Trivers, Cleveland, OH, Michele R. Comer, Cleveland, OH, David W. Whitaker (briefed), Beachwood, OH, for Plaintiff-Appellant.
Adrian D. Thompson, Cleveland, OH, Margaret A. Cannon (argued and briefed), Kelley, McCann & Livingstone, Cleveland, OH, Lisa M. Ruda, Wanda Rembert Arnold (briefed), Cleveland Board of Education, Cleveland, OH, Mark O'Neill (briefed), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, Charles E. Hannan, Jr. (briefed), City of Cleveland Law Department, Office of Director of Law, Cleveland, OH, for Defendants-Appellees in No. 96-3603.
Mark O'Neill, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, Adrian D. Thompson, Cleveland, OH, Margaret A. Cannon, Kelley, McCann & Livingstone, Cleveland, OH, Lisa M. Ruda, Cleveland Board of Education, Cleveland, OH, Christopher M. Culley (briefed), James G. Tassie (briefed), Mark O'Neill, Office of the Attorney General of Ohio, Columbus, OH, Dale F. Kainski (argued and briefed), Law Firm of Dale F. Kainski, Cleveland, OH, for Defendants-Appellees in No. 96-3604.
Before: MERRITT and COLE, Circuit Judges; EDMUNDS, District Judge.
United States Court of Appeals, Sixth Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied August 27, 1999.*
MERRITT, J., delivered the opinion of the court, in which EDMUNDS, D.J., joined. COLE, J. (pp. 473-88), delivered a separate dissenting opinion.
OPINION
MERRITT, Circuit Judge.
The primary question in this school desegregation case is whether the Cleveland public school system, which has approximately...
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