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COMFORT v. LYNN SCHOOL COMMITTEE

No. 99-11811-NG.

150 F.Supp.2d 285 (2001)

Samantha J. COMFORT, et. al., Plaintiffs, v. LYNN SCHOOL COMMITTEE, et al., Defendants, and Commonwealth of Massachusetts, Defendant-Intervenor.

United States District Court, D. Massachusetts.

June 29, 2001.

Attorney(s) appearing for the Case

Chester Darling, Boston, MA, for plaintiffs.

John C. Mihos, Lynn, MA, for The Lynn School Committee, Patricia Capano, Frank M. Carrabba, Steven F. Duffy, George Mazareas, William McDonald, Timothy McManus, James Mazareas.

John R. Hitt, Attorney Generals Office, Government Bureau, Boston, MA, for Commonwealth of Massachusetts.

Ross Wiener, U.S. Department of Justice, Educational Opportunities Section, Washington, DC, for USA.

George S. Markopoulos, Assistant City Solicitor, Lynn, MA, for City of Lynn and Patrick J. McManus.

MEMORANDUM AND ORDER

GERTNER, District Judge.

The plaintiffs, parents of students residing in Lynn, Massachusetts, challenge the validity of the Lynn "Voluntary Plan for School Improvement and the Elimination of Racial Isolation" [hereinafter "the Lynn Plan"] and the Massachusetts Racial Imbalance Act. They contend that the consideration of race, both in limiting a student's ability to transfer out of a neighborhood, or "district," school under the...

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