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UNITED STATES v. SCHOOL DISTRICT OF FERNDALE, MICH.

Civ. A. No. 75-70958.

400 F.Supp. 1135 (1975)

UNITED STATES of America, Plaintiff, v. SCHOOL DISTRICT OF FERNDALE, MICHIGAN, et al., Defendants.

United States District Court, E. D. Michigan, S. D.

August 28, 1975.

Attorney(s) appearing for the Case

Edward H. Levi, Atty. Gen., J. Stanley Pottinger, Asst. Atty. Gen., Alexander C. Ross, Thomas M. Keeling, J. Gerald Hebert, Attys., U. S. Dept. of Justice, Washington, D. C., and Ralph B. Guy, U. S. Atty., E. D. Mich., Detroit Mich., for plaintiff.

Burton R. Shifman and Philip J. Goodman, Southfield, Mich., for Ferndale School Dist.

Frank J. Kelley, Atty. Gen., and Thomas F. Schimpf, Asst. Atty. Gen., Lansing, Mich., for State defendants.

OPINION AND ORDER GRANTING STATE DEFENDANTS' MOTION TO DISMISS COUNT I

KENNEDY, District Judge.

This action was commenced by the United States on May 22, 1975, alleging that the public elementary schools of the School District of Ferndale, Michigan, were operated in a racially discriminatory manner in violation of the Equal Educational Opportunity Act of 1974 (EEOA), 20 U.S.C. § 1701 et seq., and the Fourteenth Amendment, and that the State of...

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