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ARTHUR v. NYQUIST

No. Civ-1972-325.

566 F.Supp. 511 (1983)

George ARTHUR, et al., Plaintiffs, v. Ewald P. NYQUIST, et al., Defendants.

United States District Court, W.D. New York.

May 23, 1983.

Attorney(s) appearing for the Case

Jay, Klaif & Morrison, Buffalo, N.Y. (David G. Jay, Buffalo, N.Y., of counsel), for plaintiffs.

Joseph P. McNamara, Corp. Counsel, Buffalo, N.Y. (William E. Carey, and Aubrey McCutcheon, Buffalo, N.Y., Special Counsel for the Buffalo Bd. of Educ., of counsel), and Raichle, Banning, Weiss & Halpern, Buffalo, N.Y. (Frank G. Raichle, and Arnold Weiss, Buffalo, N.Y., Special Counsel for Mayor James D. Griffin and the Common Council of the City of Buffalo, of counsel), for defendants Mayor James D. Griffin, Superintendent of Schools Eugene T. Reville, The Bd. of Educ., and the Common Council of the City of Buffalo.

Jaeckle, Fleischmann & Mugel, Buffalo, N.Y. (J. Edmund deCastro, Jr., Buffalo, N.Y., of counsel), for plaintiff-intervenor Community Advisory Bd. for Bilingual Educ. of Buffalo.

Bruce Fenwick, Buffalo, N.Y., for intervenor Buffalo Teachers Federation.

CURTIN, Chief Judge.

Before the court is plaintiffs' motion to require defendant Board of Education [the Board] to devise a new plan to increase the number of majority students at three remaining racially identifiable elementary schools in the Buffalo Public School System. The Board has responded that it has now achieved the maximum level of systemwide desegregation practicably possible and is unable to devise any new plans which would feasibly increase the number...

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