George Arthur v. Ewald P. Nyquist, and Community Advisory Board for Bilingual Education of Buffalo, Etc., Intervenors-Appellees

MULLIGAN, Circuit Judge:

This is an appeal from orders of the Western District of New York, Chief Judge John T. Curtin, approving a plan submitted by the appellee-Board of Education (Board) for the desegregation of Buffalo’s public school system which was found to have been intentionally segregated in Arthur v. Nyquist, 415 F.Supp. 904 (W.D.N.Y.1976), aff’d in part, rev’d and remanded in part, 573 F.2d 134 (2d Cir.1978). The appellants assert that the Board’s plan, known as “Phase III,” is an incomplete and ineffective remedy for past discrimination and unconstitutionally places an undue…