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UNITED STATES v. STATE OF NORTH CAROLINA

Civ. No. 4476.

400 F.Supp. 343 (1975)

UNITED STATES of America, Plaintiff, North Carolina Association of Educators et al., Plaintiffs-Intervenors, v. STATE OF NORTH CAROLINA et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

August 27, 1975.

Attorney(s) appearing for the Case

Carl Tilghman, Asst. U. S. Atty., J. Stanley Pottinger, Asst. Atty. Gen., Thomas M. Keeling, Daniel L. Bell, II, Bruce L. Downey, Attys., Dept. of Justice, Washington, D. C., for plaintiff.

Stephen J. Pollak, Richard M. Sharp, and David Rubin, Washington, D. C., for intervening plaintiff, National Education Association.

Adam Stein, Chapel Hill, N. C., and J. LeVonne Chambers, for intervening plaintiffs North Carolina Association of Educators, Inc. and Annie M. Brown, and others.

Rufus L. Edmisten, Atty. Gen., Andrew A. Vanore, Jr., Deputy Atty. Gen., and Edwin M. Speas, Jr., Asst. Atty. Gen., Dept. of Justice, Raleigh, N. C., for defendants.

Before HAYNSWORTH, Chief Circuit Judge, CRAVEN, Circuit Judge, and DUPREE, District Judge.

MEMORANDUM OF DECISION AND RESERVATION OF QUESTIONS

CRAVEN, Circuit Judge:

This is a partial decision in a bifurcated trial before a three-judge court. What we presently decide goes to the merits, and maybe the heart of the matter, but is only one of several difficult questions presented.

In the beginning, (October 16, 1973) this was a lawsuit brought by the United States in the form of a "pattern and practice" complaint against the State of North...

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