Barbara Jean Berry v. School District of the City of Benton Harbor, and Michigan Education Association, Intervening

MERRITT, Circuit Judge.

This is an appeal by the Michigan Education Association from a continuing order of the District Court which, as part of an inter-district school desegregation plan, indefinitely prohibits the layoff of any black teachers, thereby suspending application of the Michigan Teacher Tenure Act, M.C.L.A. § 38.71, et seq., and certain provisions of an existing collective bargaining agreement. For the reasons set forth below, we vacate only that portion of the District Court’s order which flatly prohibits laying off any black teachers.

I

This desegregation case is once again before…