Legal Opinion

Chance v. Board of Examiners & the Board of Education

Court of Appeals for the Second Circuit

Decided January 19, 1976No. Nos. 1112, 1251, Dockets 75-7161—75-7164PublishedCited by 2 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York which directed the Board of Education of the City of New York to “excess” supervisory personnel in accordance with a formula imposing racial quotas upon the excessing process. Excessing rules provide in brief that when a position in a school district is eliminated, the least senior person in the job classification used to fill that position shall be transferred, demoted or terminated. It is a system which recognizes the value of pedagogical experience and…

2Cases cited15 opinions

  1. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  2. Harold FRANKS, Plaintiff-Appellant, Johnny Lee, Intervenor-Appellant, v. BOWMAN TRANSPORTATION COMPANY Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1974
  3. UNITED STATES of America, Plaintiff-Appellant, v. BETHLEHEM STEEL CORPORATION Et Al., Defendants-AppelleesCourt of Appeals for the Second Circuit · 1971
  4. 5 Fair empl.prac.cas. 1344, 6 Empl. Prac. Dec. P 8755 Bridgeport Guardians, Inc. v. Members of the Bridgeport Civil Service CommissionCourt of Appeals for the Second Circuit · 1973
  5. Leishman v. Associated Wholesale Electric Co.Supreme Court of the United States · 1943

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3Cited by2 opinions

  1. 11 Fair empl.prac.cas. 1450, 11 Empl. Prac. Dec. P 10,633, 12 Empl. Prac. Dec. P 11,091 Boston M. Chance, and Louis C. Mercado, Individually on Behalf of All Others Similarly Situated v. The Board of Examiners and the Board of Education of the City of New York, and Council of Supervisors and Administrators of the City of New York, Local 1, Sasco, Afl-Cio, Intervenor-AppellantCourt of Appeals for the Second Circuit · 1976
  2. 16 Fair empl.prac.cas. 1, 15 Empl. Prac. Dec. P 7935 Brian F. Weber, Individually and on Behalf of All Other Persons Similarly Situated v. Kaiser Aluminum & Chemical Corporation and United Steelworkers of America, Afl-CioCourt of Appeals for the Fifth Circuit · 1977

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