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BERRY v. SCHOOL DIST. OF CITY OF BENTON HARBOR

No. 4:67-cv-9.

141 F.Supp.2d 802 (2001)

Barbara Jean BERRY, et al., Plaintiffs, v. SCHOOL DISTRICT OF THE CITY OF BENTON HARBOR, et al., Defendants.

United States District Court, W.D. Michigan, Southern Division.

May 11, 2001.

Attorney(s) appearing for the Case

Kathleen McCree Lewis, Dykema Gossett, PLLC, Detroit, Steven Marchese, Syracuse University College of Law, Office of Clinical Programs, Syracuse, NY, for plaintiffs.

John D. Tully, Warner, Norcross & Judd LLP, Grand Rapids, MI, George T. Roumell, Jr., William Ferguson Dennis, Riley Roumell & Connolly, PC, Detroit, MI, Timothy P. Gladney, Ann Arbor, Edith C. Harsh, Jennifer M. Granholm, Attorney General, Executive Division, Jane Orris Wilensky, Jennifer M. Granholm, Attorney General, Education Division, Lansing, MI, Rocco E. Testani, Sutherland, Asbill & Brennan, Atlanta, GA, Jeffrey J. Butler, LaPointe & Associates, PC, Okemos, MI, for defendants.

OPINION RE BURDEN OF PROOF

HILLMAN, Senior District Judge.

This 34-year-old school desegregation case has been the subject of numerous prior opinions of this court. The case is scheduled for a unitary status hearing beginning July 24, 2001. The matter presently is before the court on cross motions in limine (dkt## 1553, 1556) regarding which party bears the burden of proof as to whether vestiges of student achievement disparities caused by past discrimination...

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