Gomperts

OPINION AND ORDER

Plaintiffs, representing classes of students, residents, taxpayers, parents and others concerned, have brought this action under Section 1983 of Title 42 U.S. C. for the avowed purpose of remedying the deprivation of rights guaranteed by the Fourteenth Amendment to the Constitution of the United States and Title Six of the Civil Rights Act of 1964.

It is their basic complaint that Sequoia Union High School District of San Mateo County, which operates six high schools, has maintained and is maintaining a system segregated by race, and that the segregation is the product of affirmative actions pursuant to a conscious plan to create and maintain the segregated system.

In the immediate proceeding, plaintiffs seek by preliminary injunction to set aside recent action of the school board modifying a plan adjusting racial imbalance earlier adopted by the board. Entitlement to such relief requires a showing that plaintiffs are likely to prevail on the ultimate trial on the merits, and that the relief is necessary to prevent damage to plaintiffs.

The application for a preliminary injunction has been heard upon affidavits. The basic facts are not seriously in dispute.…