National Ass'n for the Advancement of Colored People v. Lansing Board of Education
National Ass'n for the Advancement of Colored People v. Lansing Board of Education
Opinion of the Court
The Board of Education and its individual members appeal from a finding of liability in a suit brought to desegregate public elementary schools in Lansing, Michigan. The suit was brought as a class action by the National Association for the Advancement of Colored People (NAACP) and by children and parents of children who are elementary students in the Lansing school system. Chief Judge Noel P. Fox of the Western District of Michigan, Southern Division, found that the Lansing School Board, through its acts and omissions, has created and maintained a racially segregated school system. The District Court enjoined the School Board from enforcing resolutions of February 1, 1973, rescinding a voluntary cluster-school desegregation plan instituted on June 29, 1972. The Court ordered that the cluster plan for desegregating Lansing’s elementary schools remain in effect until a final remedy is submitted by the Board and approved by the Court. Appellants raise three issues on appeal: whether the District Court applied an incorrect legal standard; whether the Court’s findings of fact are clearly erroneous; and whether the Board of Education was denied a fair trial. For the reasons stated below, we affirm.
In the landmark case of Brown v. Board of Education, 347 U.S. 483, 495, 74 S.Ct. 686, 98 L.Ed. 873 (1954) (Brown I), the Supreme Court overruled the “separate-but-equal” doctrine of Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256 (1896), and held that racially segregated public education facilities are inherently unequal and that children who are forced to attend segregated schools are denied the equal protection of laws in violation of the Fourteenth Amendment. But to be violative of the Fourteenth Amendment, the racial segregation in public schools must result from some form of state action and not from factors, such as residential housing patterns, which are beyond the control of state officials.
Appellants contend that Washington v. Davis and Austin Independent School District v. United States require reversal of the lower court’s decision because Judge Fox relied on the now-discredited “discriminatory effect” test in evaluating the Board’s conduct. We reject this contention. In his opinion, Judge Fox explicitly adopted a test dependent on purposeful segregation by public school officials. While mentioning that the Fifth Circuit had rejected the de jure/de facto dichotomy in Cisneros v. Corpus Christi Independent School District, Judge Fox expressly followed the Supreme Court’s lead in Keyes and assumed that de jure segregation was required to support a finding of constitutional violation, preferring to leave to future adjudication the question of whether something other than de jure segregation constitutes a violation of the Fourteenth Amendment. In finding Appellees guilty of acts of de jure segregation, the District Court applied the standards we announced in Oliver v. Michigan State Board of Education, 508 F.2d 178, 182 (6th Cir. 1974):
A finding of de jure segregation requires a showing of three elements: (1) action or inaction by public .officials (2) with a segregative purpose (3) which actually results in increased or continued segregation in the public schools. A presumption of segregative purpose arises when plaintiffs establish that the natural, probable, and foreseeable result of public officials’ action or inaction was an increase or perpetuation of public school segregation. The presumption becomes proof unless defendants affirmatively es*1047 tablished that their action or inaction was a consistent and resolute application of racially neutral policies, (footnote omitted)
Appellants claim that our reference in Oliver to the inference of segregated purpose from “the natural, probable, and foreseeable result of public officials’ action or inaction" was an adoption of the “discriminatory effect” test repudiated in Washington v. Davis and Austin Independent School District v. United States. On two previous occasions, we have rejected similar arguments. Bronson v. Board of Education, 525 F.2d 344, 348 (6th Cir. 1975); Higgins v. Board of Education, 508 F.2d 779, 790-91 (6th Cir. 1974). As we noted in Bronson v. Board of Education, 525 F.2d at 348, the correct reading of Oliver is that the Court did not dispense with the requirement that segregative intent or purpose be proven, but rather held that the required intent could be inferred from acts and policies of school authorities which had the natural and foreseeable effect of producing segregated schools. This is not a novel position. See, e. g., United States v. School District of Omaha, 521 F.2d 530, 535-36 (8th Cir. 1975), vacated on other grounds,- U.S.-, 97 S.Ct. 2905, 53 L.Ed.2d 1039 (1977) (per curiam); Hart v. Community School Board of Education, 512 F.2d 37, 50-51 (2d Cir. 1975); Morgan v. Kerrigan, 509 F.2d 580, 588-89 (1st Cir. 1974). Nor is it inconsistent with the principle of de jure segregation enunciated in Keyes and reiterated in Washington v. Davis. See Armstrong v. Brennan, 539 F.2d 625, 634-35 (7th Cir. 1976) , vacated on other grounds, - U.S. -, 97 S.Ct. 2907, 53 L.Ed.2d 1044 (1977) (per curiam). In Washington v. Davis the Supreme Court admitted that “[njecessarily, an invidiously discriminatory purpose may often be inferred from the totality of relevant facts, including the fact, if it is true, that the law bears more heavily on one race than another. . . . Disproportionate impact is not irrelevant, but it is not the sole touchstone of an invidious racial discrimination forbidden by the Constitution.” 426 U.S. at 242, 96 S.Ct. at 2049. The majority’s reference to the necessity or proving segregative intent from the totality of the circumstances was amplified by Justice Stevens in his concurring opinion:
Frequently the most probative evidence of intent will be objective evidence of what actually happened rather than evidence describing the subjective state of mind of the actor. For normally the actor is presumed to have intended the natural consequences of his deeds. This is particularly true in the case of governmental action which is frequently the product of compromise, of collective decisionmaking, and of mixed motivation. It is unrealistic, on the one hand, to require the victim of alleged discrimination to uncover the actual subjective intent of the decisionmaker or conversely, to invalidate otherwise legitimate action simply because an improper motive affected the deliberation of a participant in the decisional process. A law conscripting clerics should not be invalidated because an atheist voted for it.
Washington v. Davis, 426 U.S. at 253, 96 S.Ct. at 2054 (Stevens, J., concurring). See also Village of Arlington Heights v. Metropolitan Housing Development, 429 U.S. 252, 97 S.Ct. 555, 564-65, 50 L.Ed.2d 450 (1977).
The District Court found that the Lansing Board of Education had practiced de jure segregation in the administration of the elementary school system.
As a matter of general principle, assigning school children to schools in their neighborhoods does not offend the constitution. See, e. g., Higgins v. Board of Education, 508 F.2d at 790; Deal v. Cincinnati Board of Education, 419 F.2d 1387 (6th Cir. 1969); Deal v. Cincinnati Board of Education, 369 F.2d 55 (6th Cir. 1966). Racial imbalance in the schools does not, in itself, establish a constitutional violation.
The District Court made a finding that most blacks lived on the west side of Lansing, in a region commonly known as the “River Island” area.
The District Court also found purposeful segregation in the implementation of the Board of Education’s special transfer policy. In 1957 a student transfer policy was adopted by the Board of Education which permitted students to transfer from neighborhood schools because of emotional need if the transfer request was accompanied by the statement of a physician. The Court found that the special transfer policy was used by a large number of students to flee from the predominantly black schools, Main and Michigan, to Verlinden, a predominantly white school. A substantial percentage of those transferring were white students at a time when white students made up a relatively small portion of the Main and Michigan student bodies. Evidence in the record adequately supports the District Court’s finding that the special transfer policy was being abused by students, black and white, who were trying to escape from schools which were becoming increasingly segregated. That black students as well as white students were taking advantage of the special transfer policy to transfer in unusually large numbers from schools becoming increasingly black to the predominantly white Verlinden School is no defense to a charge of de jure segregation. If anything the proclivity of blacks to join whites in fleeing from minority to majority schools stands as mute evidence of the rela
A similar presumption arises from the use of mobile classrooms at the Main Street School. In 1962, Main Street School was overcrowded and the Board of Education decided to add two mobile units. At the time, two predominantly white schools within walking distance of Main, Verlinden and Barnes, were undercapacity. The school board could have relieved the overcapacity at Main and, at the same time, enhanced integration in the school district by transferring students from predominantly black Main to the white schools. Instead, the Board ignored this alternative and chose to contain the black students in mobile classrooms at Main. In 1964, parental pressure forced the Board to transport students to Walnut School to relieve overcrowding at Main.
By 1964 it had become apparent that Lansing had segregated schools. Lincoln School was 100% black, Main Street School was 95% black and Michigan Avenue School was 74% black. Of the total black enrollment in Lansing elementary schools, 77% of the students attended these four schools. The Board of Education’s response to the increasing segregation in the elementary school system furnishes additional indicia of de jure segregation. In the fall of 1964, the Board initiated a policy of transporting students out of the River Island area to schools in outlying areas in order to relieve overcrowding at minority schools and to help end the racial isolation of certain schools. The integration effort was accomplished by phasing out and closing the predominantly black schools, Lincoln and Kalamazoo, and transporting the pupils to outlying white schools. The District Court found that “the ‘one-way busing’ program adopted by the Lansing Board of Education caused the burden of desegregation to fall disproportionately on Blacks. It also had the effect of keeping the ‘neighborhood school policy’ a reality for Whites, while making it chimerical for Blacks.” The Court found that the distances involved in one-way busing were greater than those involved in the cluster plan which the Board of Education eventually adopted. The District Court concluded that the Board of Education’s decision to place the burden of integration solely on the black students was discriminatory. In Higgins v. Board of Education, 508 F.2d at 793, we stated that the burdens and inconveniences of integration should not be placed discriminatorily on a particular group. In Higgins we upheld a voluntary busing plan for a school district which was not found to have engaged in de jure segregation and which did not, in practice, involve a one-way busing program of minority students from the inner city to periphery schools, 508 F.2d at 794. The implication in Higgins is clear that a program that does involve one-way busing of minority students in a system which has a history of de jure segregation violates equal protection. See also Brice v. Landis, 314 F.Supp. 974, 978 (N.D.Cal. 1969). We therefore affirm the District Court’s finding that the one-way busing of black children, beginning in 1965 and continuing to the present, without a corresponding effort to spread the burden of integration more equitably through the system, is an act of de jure segregation.
In 1971 the Board of Education established a second Citizens’ Advisory Committee on Equal Educational Opportunity to review the 1966 Citizens’ Committee report and to make new recommendations where necessary. On the basis of 1971-72 school year statistics, the Committee reported that Lansing elementary schools were “still segregated, in terms of governmental requirements.” In response to the Commit
The new Board’s rescission of the cluster plan was an intentional act whose obvious, foreseeable effect would be to resegregate the schools involved, with*1055 Black children being reassigned to the Black schools, and White children being reassigned to predominantly White schools.
If the rescission per se is not sufficient to constitute evidence of de jure segregation, it is highly probative of segregative intent.
We agree. Although school authorities in a school system which has not engaged in purposeful segregation are afforded substantial leeway in formulating plans to achieve racial balance, see Higgins v. Board of Education, 508 F.2d at 793, 794, where a school board has a constitutional duty to desegregate its schools, manifested by cumulative acts of de jure segregation, rescission of a voluntary desegregation plan is evidence of segregative intent. Oliver v. Michigan State Board of Education, 508 F.2d 185-86; Brinkman v. Gilligan, 503 F.2d at 684. See also Bradley v. Milliken, 433 F.2d 897, 902-04 (6th Cir. 1970). Here the record amply supports the District Court’s finding that the decision to rescind the desegregation plan was made in the context of cumulative acts of de jure segregation which had contributed to the racial identifiability of schools in the River Island area and with full knowledge that rescission of the cluster plan would return black children to re-segregated schools. In view of the District Court’s finding of cumulative constitutional violations, we need not reach the question of whether rescission of the desegregation program was, in itself, an act of de jure segregation. See Brinkman v. Gilligan, 503 F.2d at 697.
The rescission of the desegregation plan must also be viewed in the context of two companion decisions by the Board Education: the selection of a site for the construction of the new Vivian Riddle Elementary School, and the decision to continue one-way busing of black children until that construction was completed. The site selected for the new elementary school was in the most heavily black area in Lansing. The projected capacity for the Vivian Riddle School was well over 500, much greater than the 200 students enrolled at Michigan Avenue School which Vivian Riddle was designed to replace. When a new west side facility was originally proposed, it was assumed that the school would be operated under a district-wide desegregation plan. In the June 29, 1972, resolution adopting the cluster plan, the Board of Education noted that future desegregation plans would include “the opening of the new west-side elementary facility as a basis for cluster-school development.” With the rescission of the cluster plan however, it became evident that Vivian Riddle would open as a segregated school. A majority of the members of the Board testified that they intended to operate Vivian Riddle strictly as a neighborhood school, if possible, knowing that the enrollment would then be 90% minority when it opened. The District Court found “that the Board’s decision to place the new facility in an almost entirely Black neighborhood, coupled with its manifest intent to operate it strictly as a neighborhood school, thus guaranteeing a student body over 90% minority is significant evidence of de jure segregation. It is a deliberate act . . . . Seen as part of a pattern of actions by this Board, it proves segregative intent beyond question.” The District Court also found discrimination in the Board’s decision to continue the one-way busing of black children, despite rescission of the cluster plan, until construction
Our review of the record convinces us that the District Court did not commit clear error in finding that the Lansing Board of Education has practiced de jure segregation in the administration of the public elementary schools. Since the 1950’s when the racial composition of Lansing’s west side began to change, the Board has followed policies the natural, probable and foreseeable result of which was to contain minority students in racially identifiable schools. The requisite segregative intent or purpose for a finding of constitutional violation is readily inferable from the gerrymandering of attendance zone boundaries, the granting of special transfers from minority to majority schools, the use of mobile units under circumstances which enhance the racial identifiability of schools, the one-way busing of minority students, the discriminatory assignment of minority faculty and administrators, the relative inferiority of facilities at minority schools, the rescission of the cluster-school desegregation plan, and the choice of location of the new Vivian Riddle School coupled with the decision to operate it as a neighborhood school so that it is certain to open as a segregated facility. While purporting in theory to follow a racially neutral “neighborhood schools” policy, the Board in practice has adhered to a policy of “neighborhood schools” where it justifies racial segregation of students and deviated from the policy when necessary to prevent meaningful integration of the elementary schools. Examples of the latter practice are the gerrymandering of attendance zones to match the racial composition of service areas with the predominant racial profile of particular schools, the special transfer policy which allowed white students to escape from their neighborhood schools to white schools out
. Local school boards are agents of the state for purposes of the Fourteenth Amendment. Cooper v. Aaron, 358 U.S. 1, 16, 78 S.Ct. 1401, 3 L.Ed.2d 5 (1958).
. In Austin Independent School District v. United States, 429 U.S. 990, 97 S.Ct. 517, 50 L.Ed.2d 603 (1977), the Supreme Court vacated the Fifth Circuit’s decision in United States v. Texas Education Agency, 532 F.2d 380 (5th Cir. 1976), and remanded “for reconsideration in light of Washington v. Davis." In United States v. Texas Education Agency, 532 F.2d at 387, the Fifth Circuit adhered to its previous ruling in Cisneros v. Corpus Christi Independent School District, supra, that all that need be shown for actionable segregation is a cause and effect relationship between state action and the racial and ethnic segregation of public school students. The Fifth Circuit expressly held that where “discriminatory effect” is shown, there is no need to prove discriminatory intent. Id. The remand in Austin Independent School District v. United States signals a disavowal of the Fifth Circuit’s discriminatory effect approach to school desegregation and a reaffirmance of the concept of de jure segregation as defined in Keyes and reiterated in Washington v. Davis. See Dayton Board of Education v. Brinkman,--U.S.-,-, 97 S.Ct. 2766, 53 L.Ed.2d 851 (1977).
We note in passing, however, that Justice Powell in a concurring opinion to the Austin case stated that in an earlier, stage of the case “findings were made which evidenced segregative intent, see, e. g., United States v. Texas Education Agency, 467 F.2d 848, 865-869 (C.A. 5 1972).” The findings to which Justice Powell referred related to the Fifth Circuit’s holding that the school board by “its choice of school site location, construction and renovation of schools, drawing of attendance zones, student assignment and transfer policies, and faculty and staff assignments, caused and perpetuated the segregation of Mexican-American students within the school system.” 467 F.2d at 865-66 (footnotes omitted). Similar policies by the Lansing Board of Education were the bases for the District Court’s finding of de jure segregation in this case.
. The more rigorous “discriminatory effect” test is still applicable to causes of action based on statutory rights rather than on constitutional grounds, for example, those granted under Title VII of the Civil Rights Act of 1964. See Washington v. Davis, 426 U.S. at 238-39, 247-48, 96 S.Ct. 2040. But cf. Trans World Airlines, Inc. v. Hardison,-U.S.-,-, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977).
. In Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. at 264-68, 97 S.Ct. at 563-65, the Supreme Court discussed its recent decision in Washington v. Davis and elaborated on the nature of the “discriminatory purpose” required for de jure segregation and various methods of proving segregatory intent. The Court noted that the intent to discriminate need not be the “dominant” or “primary” purpose for the official action, but “[w]hen there is proof that a discriminatory purpose has been a motivating factor in the decision” the scienter element of de jure segregation is proven. 429 U.S. at 265, 97 S.Ct. at 563.
. In Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. at 265-66 & nn. 11, 12, 97 S.Ct. at 563 & nn. 11, 12, the Supreme Court alluded to the inherent difficulties in determining the collective motivation of a legislative or administrative body. See Palmer v. Thompson, 403 U.S. 217, 224-25, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971); Keyes v. School District No. 1, 413 U.S. at 233-34, 93 S.Ct. 2686 (Powell, J., concurring). See also Oliver v. Michigan State Board of Education, 508 F.2d at 182-83; Hart v. Community School Board, 512 F.2d at 50.
. In Dayton Board of Education v. Brinkman, - U.S. -, 97 S.Ct. 2766, 53 L.Ed.2d 851 (1977), the Supreme Court vacated our decision in Brinkman v. Gilligan, 539 F.2d 1084 (6th Cir. 1976), and remanded the case for reconsideration of the scope of the remedy ordered. The Supreme Court held that the constitutional violations found by the District Court and upheld on appeal by this Court were not sufficiently extensive on their face to justify a systemwide remedy. On remand, the Supreme Court directed the District Court, subject to review by this Court, to “determine how much incremental segregative effect these violations had on the racial distribution of the Dayton school population as presently constituted, when that distribution is compared to what it would have been in the absence of such constitutional violations. The remedy must be designed to redress that difference, and only if there has been a system-wide impact may there be a system-wide remedy.” - U.S. -, 97 S.Ct. 2768. At the same time and for the same reason, the Supreme Court vacated the decisions of the Eighth Circuit in School District of Omaha v. United States, 541 F.2d 708 (8th Cir. 1976), vacated and remanded,-U.S.-, 97 S.Ct. 2905, 53 L.Ed.2d 1039 (1977), and of the Seventh Circuit in Brennan v. Armstrong, 539 F.2d 625 (7th Cir. 1976), vacated and remanded,U.S.-,-, 97 S.Ct. 2907, 53 L.Ed.2d 1044 (1977). While these decisions will have a profound impact at the remedy stage of this case, they do not directly effect the District Court’s findings of liability or our affirmance of those findings. If anything, the Supreme Court’s express application of Washington v. Davis to a school desegregation case reaffirms the District Court’s conclusion that only de jure segregation, as that term was defined in Keyes, offends the constitution and triggers a duty on the part of school officials to remedy the violation. See also Milliken v. Bradley,- U.S. -, -, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977).
. Lansing secondary schools were integrated in 1966 pursuant to a plan adopted by the Board of Education. See Jipping v. Lansing School District, 15 Mich.App. 441, 166 N.W.2d 472 (1968).
. It is, however, significant evidence of de jure segregation. See Washington v. Davis, 426 U.S. at 242, 96 S.Ct. 2040; Village of Arlington Heights v. Metropolitan Housing Development Board, 429 U.S. at 266, 97 S.Ct. at 564.
. The racial composition of neighborhood schools often influences residential patterns within the school district. Acts of de jure segregation “may have a profound reciprocal effect on the racial composition of residential neighborhoods within a metropolitan area, thereby causing further racial concentration within the schools.” Keyes v. School District No. 1, 413 U.S. at 202, 93 S.Ct. at 2694. See also Swann v. Board of Education, 402 U.S. at 20-21, 91 S.Ct. 1267.
. The District Court found that, despite its name, the River Island area “is by no means an island, geographically isolated from other parts of the school district. To the contrary, it comprises the city’s central business district and the State Capitol, and is readily accessible from all other parts of the city.”
. The District Court found that Verlinden is about 14 blocks or slightly over a mile north of Main Street School and that Barnes Avenue School is about 1.2 miles southeast of Verlinden. Verlinden was within approved walking distance of Main, although transportation would have been required to transfer students from Main to Barnes. In 1964 when community opposition to the use of mobile classrooms arose, buses were used to transport students out of their neighborhood to the Walnut Street School which was not adjacent to Main.
. The following language was omitted from the Policy Statement on Equal Educational Opportunity at the February 1, 1973, meeting of the Board of Education:
“It is the position of this Board that there are three ingredients to a successful program for disadvantaged children: compensatory education, improvement of self-concept, and social and racial integration. It is also the position of this Board that this school system must devise some means of providing for each of these ingredients. .
Equal educational opportunity is most possible to achieve in schools where there is reasonable balance in the racial composition of the student population. It shall be the goal of this school district to achieve such balance. This Board of Education believes that in any racially-mixed community segregated education and quality education are not compatible and that steps must be taken to insure that the school system advances further toward the goal of true equality of educational opportunity.
The Board of Education shall not knowingly establish or sustain any condition which is detrimental to a child’s sense of individual worth, and shall actively seek to find ways to change these conditions when such conditions inhibit learning.”
. The following resolution was adopted by the Board of Education at its February 1, 1973, meeting rescinding the cluster-school desegregation plan:
“Whereas, this Board of Education recognizes that there is a wide diversity of feelings in the community to the cluster plan as an educational experiment, and, whereas there is no conclusive research or evidence to support the contention that the cluster plan, as conceived and instituted does or will improve the educational achievement of the pupils affected, and, whereas the Board feels that the neighborhood family school is preferred for elementary students by the majority of the citizens of this school district, and, whereas the cooperation of parents is essential to the well being of any school system, and, whereas, the community’s financial support is vital to the operation of the school district and, whereas there are no schools in this system where an ethnically-imbalanced student population has resulted from an act of de jure segregation; now, therefore, be it resolved that in accordance with the revised policy 6121, the cluster plan as adopted on June 29, 1972, be rescinded at the end of this school year (June 30, 1973). . . .”
. The opinion below contained three charts showing the percentage of minority enrollment at the thirteen schools participating in the cluster plan. Chart I is of the schools involved in
Chart III demonstrates what the effect would be of allowing rescission of the cluster plan in the 1975-76 school year:
. Here, unlike in Dayton, the Lansing Board of Education by rescinding the cluster-school plan already in effect has acted “to undo operative regulations effecting the assignment of pupils [and] other aspects of the management of school affairs.” See Dayton Board of Education v. Brinkman,-U.S. at-, 97 S.Ct. at 2772. In the Dayton case, the Supreme Court affirmed this Court’s treatment of the question of rescission of a voluntary desegregation plan in Brinkman v. Gilligan, 503 F.2d at 697, which we adhere to in today’s decision. In response to Justice Rhenquist’s criticism in the Dayton case that the phrase “cumulative violation” is ambiguous,-U.S. at-, 97 S.Ct. 2766, we wish to explain that our use of the term simply means at the Board’s decision to rescind the operative cluster-school plan was made after the commission of acts of de jure segregation which devolved on the Board an affirmative duty to remedy the effects of its previous segregative acts.
. If the new Vivian Riddle School were to be operated at full capacity as a neighborhood school, the service area it would serve would be so large that transportation of students from the periphery would be required under Board guidelines.
. By enjoining implementation of the resolution rescinding the cluster school desegregation plan, the District Court maintained the status quo ante pending resolution of the final remedy. Since the injunction is amply warranted by the findings of constitutional violations made by the District Court and affirmed by this Court, it complies with the guidelines set down by the Supreme Court in Dayton Board of Education v. Brinkman,-U.S. at-,-, 97 S.Ct. 2766.
Reference
- Full Case Name
- NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Lansing Branch, Cynthia Taylor, Judith Taylor and Andrea Taylor, by their father and Next Friend, James R. Taylor, Melinda Lea Hedley, Christine Michele Hedley, Douglas John Hedley and Daniel Joseph Hedley, by their mother and Next Friend, Joan L. Hedley, Peter Miller and Elizabeth Miller, by their father and Next Friend, Charles Miller, Frank J. Pennoni and James Pennoni, by their mother and Next Friend, Kathleen Pennoni, and David Kron and Lisa Kron, by their father and Next Friend, Walter V. Kron v. LANSING BOARD OF EDUCATION, a body corporate, and Members of the Lansing Board of Education, viz., Vernon D. Ebersole, Clare D. Harrington, Michael F. Walsh, Ray A. Hannula, Joan Hess, J. C. Williams, Bruce Angell, Joseph E. Hobrla and Max D. Shunk
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