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DAYTON BOARD OF EDUCATION v. BRINKMAN

No. 78-627.

443 U.S. 526 (1979)

99 S.Ct. 2971

61 L.Ed.2d 720

DAYTON BOARD OF EDUCATION ET AL. v. BRINKMAN ET AL.

Supreme Court of United States.

Decided July 2, 1979.

Attorney(s) appearing for the Case

David C. Greer argued the cause for petitioners. With him on the brief was Leo F. Krebs.

William E. Caldwell argued the cause for respondents. With him on the brief were Nathaniel R. Jones, Paul R. Dimond, Louis R. Lucas, Robert A. Murphy, Norman J. Chachkin, and Richard Austin. Armistead W. Gilliam, Jr., and Charles J. Faruki filed a brief for the Ohio State Board of Education et al. as respondents under this Court's Rule 21 (4).

Assistant Attorney General Days argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Wallace, Sara Sun Beale, Brian K. Landsberg, and Robert J. Reinstein.*

MR. JUSTICE WHITE delivered the opinion of the Court.

This litigation has a protracted history in the courts below and has already resulted in one judgment and opinion by this Court. Dayton Board of Education v. Brinkman, 433 U.S. 406 (1977) (Dayton I). In its most recent opinion, the United States Court of Appeals for the Sixth Circuit approved a systemwide plan for desegregating...

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