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FISHER v. U.S.

Nos. CV 74-90 TUC DCB, CV 74-204 TUC DCB.

549 F.Supp.2d 1132 (2008)

Roy and Josie FISHER, et al., Plaintiffs, v. UNITED STATES of America, Plaintiff-Intervenor, v. Anita Lohr, et al., Defendants, and Sidney L. Sutton, et al., Defendants-Intervenors, Maria Mendoza, et al., Plaintiffs, United States of America, Plaintiff-Intervenor, v. Tucson Unified School District No. One, et al., Defendants.

United States District Court, D. Arizona.

April 24, 2008.

Attorney(s) appearing for the Case

Cynthia Ann Valenzuela, MALDEF, Los Angeles, CA, David G. Hinojosa, Mexican American Legal Defense And Education Fund (MALDEF), San Antonio, TX, Rubin Salter, Law Office of Rubin Salter Jr., Tucson, AZ, for Plaintiffs.

Matthew David Strieker, MALDEF, Los Angeles, CA, for Plaintiffs, Plaintiff-Intervenor.

John Roy Moore, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Intervenor.

Edmund D. Kahn, Law Offices of Edmund D. Kahn, Tucson, AZ, for Defendants-Intervenors.

Heather Kendra Gaines, Richard M. Yetwin, Wayne E. Yehling, Lisa Anne Smith, Deconcini McDonald Yetwin & Lacy PC, Tucson, AZ, for Defendants.

ORDER

DAVID C. BURY, District Judge.

Background

The Court finds that the Settlement Agreement entered in this case in 1978, contained very express provisions, especially as it related to student assignment plans. The Settlement Agreement provided for Defendant to file a motion with the Court to dissolve it after five years of operation pursuant to its terms, if the student assignment plans were implemented and the expected student enrollments...

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