Oliver v. School District of City of Kalamazoo, No. 71-1700.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 448 F.2d 635 |
| Parties | Michelle OLIVER, etc., et al., Plaintiffs-Appellees, v. SCHOOL DISTRICT OF the CITY OF KALAMAZOO, COUNTY OF KALAMAZOO, Defendant-Appellant. |
| Decision Date | 30 August 1971 |
| Docket Number | No. 71-1700. |
448 F.2d 635 (1971)
Michelle OLIVER, etc., et al., Plaintiffs-Appellees,
v.
SCHOOL DISTRICT OF the CITY OF KALAMAZOO, COUNTY OF KALAMAZOO, Defendant-Appellant.
No. 71-1700.
United States Court of Appeals, Sixth Circuit.
August 30, 1971.
Gordon H. Kriekard, Kalamazoo, Mich., and Michael H. Jackson, Denver, Colo., Ford, Kriekard, Staton & Allen, Kalamazoo, Mich., on the brief, for appellant.
Nathaniel R. Jones, New York City, and Richard Enslen, Kalamazoo, Mich., Philip Hummer, Kalamazoo, Mich., Stuart J. Dunnings, Jr., Dunnings & Gibson, Lansing, Mich., on the brief, of
Before PHILLIPS, Chief Judge, and PECK and BROOKS, Circuit Judges.
PER CURIAM.
This case is before the Court on an appeal under 28 U.S.C. § 1292(a) from the order of the District Court granting a preliminary injunction. The injunction of the District Judge directs the Kalamazoo Board of Education to implement immediately the school attendance plan adopted by the Board on May 7, 1971, and to make this plan completely and fully effective at the beginning of the 1971-1972 school year.
The Board of Education has appealed from the order of the District Court and also has filed a motion for a stay of the injunction pending appeal. Oral arguments were heard on the appeal and also on the motion for stay pending appeal.
The granting or denial of a preliminary injunction pending final hearing on the merits is within the sound judicial discretion of the District Court. On appeal, the action of the District Judge in granting or denying a preliminary injunction will not be disturbed unless contrary to some rule of equity or the result of improvident exercise of judicial discretion. Bradley v. Milliken, 433 F.2d 897, 904 (6th Cir. 1970). This principle applies to an order granting a preliminary injunction as well as to an order denying a preliminary injunction. Deckert v. Independence Shares Corp., 311 U.S. 282, 61 S.Ct. 229, 85 L.Ed. 189 (1940); American Federation of Musicians v. Stein, 213 F.2d 679 (6th Cir.), cert. denied, 348 U. S. 873, 75 S.Ct. 108, 99 L.Ed. 687 (1954). Upon a review of the entire record in this case, this Court cannot say that the action of the District Court in granting the preliminary injunction is contrary to a rule of equity or constitutes an improvident exercise of judicial discretion.
The order of the District Court granting the preliminary...
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Hart v. Community Sch. Bd. of Brooklyn, NY Sch. D.# 21, No. 72 C 1041.
...rights are not subject to popular referendum." Oliver v. Kalamazoo Board of Education, 346 F.Supp. 766, 781-782 (W.D.Mich.1971), aff'd 448 F.2d 635 (6th Cir. 1971). Neither a majority nor a minority may override the 3. Impact of Available Research While recognizing some of the force of appl......
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Oliver v. Kalamazoo Board of Education, No. K-88-71 C.A.
...granted plaintiffs' motion for a preliminary injunction. Oliver v. Kalamazoo Board of Education, 346 F.Supp. 766 (D.C.1971), aff'd, 448 F.2d 635 (6th Cir. 1971). This cause has likewise been found to be a proper Rule 23 class action by way of written opinions both at the time of the prelimi......
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U.S. v. School Dist. of City of Ferndale, Mich., No. 79-1006
...in the case. In both N. A. A. C. P. v. Lansing Bd. of Ed., 485 F.2d 569 (6th Cir. 1973), and Oliver v. School Dist. of City of Kalamazoo, 448 F.2d 635 (6th Cir. 1971), we affirmed the issuance of preliminary injunctions ordering implementation of desegregation plans. In neither case had the......
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Spangler v. Pasadena City Bd. of Ed., Nos. 74--2530
...479 F.2d 762, 765 (5th Cir. 1973); Hatton v. County Bd. of Educ., 422 F.2d 457, 460--61 (6th Cir. 1970). See also Oliver v. School Dist., 448 F.2d 635, 636 (6th Cir. 1971) (The National Education Association and the League of Women Voters of Michigan permitted to intervene); but see Horton ......
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Hart v. Community Sch. Bd. of Brooklyn, NY Sch. D.# 21, No. 72 C 1041.
...rights are not subject to popular referendum." Oliver v. Kalamazoo Board of Education, 346 F.Supp. 766, 781-782 (W.D.Mich.1971), aff'd 448 F.2d 635 (6th Cir. 1971). Neither a majority nor a minority may override the 3. Impact of Available Research While recognizing some of the force of appl......
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School Committee of Springfield v. Board of Ed.
...Cir. 1970); 20 Oliver v. Kalamazoo Bd. of Educ., 346 F.Supp. 766, 780 (W.D.Mich.1971), affd. sub nom. Oliver v. School Dist. of Kalamazoo, 448 F.2d 635 (6th Cir. 1971); Martin v. Evansville-Vanderburgh Sch. Corp. of Evansville, 347 F.Supp. 816, 820 [366 Mass. 329] The school committee and t......
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NAACP v. Lansing Bd. of Ed., No. G305-72 C.A.
...the impact of Michigan law on desegregation suits in Oliver v. Kalamazoo Board of Education, 346 F.Supp. 766, 778-779, (W.D.Mich.), aff'd. 448 F.2d 635 (6th Cir. 87 "Shall" implies a word of command, and is generally imperative or mandatory. Black's Law Dictionary (4th Ed.), p. 1541. "Const......
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U.S. v. School Dist. of City of Ferndale, Mich., No. 79-1006
...in the case. In both N. A. A. C. P. v. Lansing Bd. of Ed., 485 F.2d 569 (6th Cir. 1973), and Oliver v. School Dist. of City of Kalamazoo, 448 F.2d 635 (6th Cir. 1971), we affirmed the issuance of preliminary injunctions ordering implementation of desegregation plans. In neither case had the......