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FULLER v. VOLK

Civ. No. 847-63.

230 F.Supp. 25 (1964)

Gertrude P. FULLER et al., Plaintiffs, v. Austin A. VOLK et al., constituting the Board of School Estimate of the City of Englewood, the City of Englewood, and John H. Perry et al., constituting the Board of Education of the City of Englewood, Defendants. Jerry Volpe et al., Intervening Plaintiffs, and Frederick M. Raubinger, Commissioner of Education of the State of New Jersey, Kenneth Ancrum et al., and Deborah Spruill, Intervening Defendants.

United States District Court D. New Jersey.

June 3, 1964.

Attorney(s) appearing for the Case

Vorsanger & Murphy, by James T. Murphy, Englewood, N. J., for plaintiffs.

Breslin & Breslin, by John J. Breslin, Jr., Hackensack, N. J., Sidney Dincin, Englewood, N. J., for defendants.

Major & Major, by James A. Major, Hackensack, N. J., for intervening plaintiffs Jerry Volpe, and others.

Arthur J. Sills, Atty. Gen. of New Jersey, by Joseph A. Hoffman, Deputy Atty. Gen., Trenton, N. J., for intervening defendant Frederick M. Raubinger.

Herbert H. Tate, Newark, N. J., and Barbara A. Morris, New York City, for intervening defendants Kenneth Ancrum, and others.

Morton Stavis, Newark, N. J., and William M. Kunstler, New York City, for intervening defendant Deborah Spruill.

AUGELLI, District Judge.

The plaintiffs in this case challenge the validity of a plan (hereinafter called the "Plan") adopted by the Englewood Board of Education on July 29, 1963, entitled "PROPOSAL OF A PLAN TO COMPLY WITH THE DECISION OF THE STATE COMMISSIONER OF EDUCATION OF NEW JERSEY DIRECTING THE ENGLEWOOD BOARD OF EDUCATION TO REDUCE THE EXTREME CONCENTRATION OF NEGRO PUPILS IN THE LINCOLN SCHOOL".

The following facts are based on a stipulation made...

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