Balaban v. Rubin

Chief Judge Desmond.

The question for decision: Will the courts hold invalid the adoption by a board of education of a " zoning plan” for a new public school because the board in addition to other relevant matters took into account, in delimiting the zone, the factor of racial balance in the new school? Stating the issue in another form: Does an otherwise lawful and reasonable districting plan for a newly instituted *197school become unlawful because it is intended to, and does, result in an enrollment which is one-third negro, one-third Puerto Bican and one-third non-Puerto Bican white?

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