DAYTON BOARD OF EDUCATION v. BRINKMAN Et Al.

The applicant, Dayton Board of Education, has presented to me an application for stay of the judgment and mandate of the Court of Appeals for the Sixth Circuit, which has been denied by Mr. Justice Stewart. In his in-chambers opinion Mr. Justice Stewart stated:

“The applicant urges that this case be stayed because it raises many of the issues presented by Columbus Board of Education v. Penick, ante, p. 1348. Mr. Justice Rehnquist stayed the mandate of the Sixth Circuit in that case on August 11, 1978. A crucial distinction between these cases leads me to believe that this application should be…