485 F.2d 569 (6th Cir. 1973), 73-8119, National Ass'n for Advancement of Colored People, Lansing Branch v. Lansing Bd. of Ed.

Docket Nº:73-8119.
Citation:485 F.2d 569
Party Name:NATIONAL ASSOCIATION FOR the ADVANCEMENT of COLORED PEOPLE, LANSING BRANCH, et al., Plaintiffs-Appellees, v. LANSING BOARD OF EDUCATION, a body corporate, et al., Defendants-Appellants.
Case Date:August 29, 1973
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 569

485 F.2d 569 (6th Cir. 1973)

NATIONAL ASSOCIATION FOR the ADVANCEMENT of COLORED PEOPLE, LANSING BRANCH, et al., Plaintiffs-Appellees,

v.

LANSING BOARD OF EDUCATION, a body corporate, et al., Defendants-Appellants.

No. 73-8119.

United States Court of Appeals, Sixth Circuit.

Aug. 29, 1973

Fred C. Newman, Lansing, Mich., for appellants.

John W. Davis, Lansing, Mich., for appellees.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.

PER CURIAM.

This case is before the Court on an emergency application for stay pending appeal of an order of the District Court

Page 570

granting a preliminary injunction in a school desegregation case. The injunction directs the Board of Education of Lansing, Michigan to reinstate a desegregation plan adopted by that Board on June 19, 1972. Schools in Lansing tentatively are scheduled to commence on September 6, 1973.

The record shows that as early as 1964 the Lansing Board of Education became concerned because certain elementary schools in that system were in the process of becoming segregated. During the ensuing years certain study groups and ad hoc committees were appointed to study the problem and to make reports to the Board of Education. These reports are summarized in some detail in the preliminary injunction issued by District Judge Noel P. Fox in the present case. Based in part on the reports of such studies and after numerous public hearings and extensive public debate, the Lansing Board of Education on June 19, 1972 adopted a desegregation plan, commonly known as the "Cluster Plan," involving students in grades 3 through 6 in 13 of Lansing's 50 elementary schools. This plan does not involve high schools or junior high schools.

The "Cluster Plan" met with public opposition resulting in a recall election directed against the five members of the Board of Education who supported it. All five members of the Board who voted for the "Cluster Plan" were recalled.

Five new Board members were elected in January, 1973. At the first regularly scheduled meeting of the Board as reconstituted, the "Cluster Plan" was rescinded effective at the end of the 1972-73 school year. The District Court found that this rescission would have the effect of reassigning many Lansing elementary students back to their previously segregated schools.

It is the established rule of this Circuit that the...

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