# Barbara Jean Berry v. School District of the City of Benton Harbor, William G. Milliken, Governor of the State of Michigan

> Court of Appeals for the Sixth Circuit · January 24, 1983 · 698 F.2d 813

URL: https://www.frixlaw.com/law-library/cases/9470213

## Case

- **Full name:** Barbara Jean BERRY, Et Al., Plaintiffs-Appellants, v. SCHOOL DISTRICT OF the CITY OF BENTON HARBOR, Et Al., Defendants-Appellees. William G. Milliken, Governor of the State of Michigan, Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** January 24, 1983
- **Citations:** 698 F.2d 813; 1983 U.S. App. LEXIS 31145
- **Precedential status:** Published
- **Opinion:** Concurrence by Peck
- **Judges:** Edwards, Phillips, Peck
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9470213

## Opinion text

PECK, Senior Circuit Judge,
concurring.
While I am in entire accord with the holding expressed in the majority opinion, I have reservations concerning the inclusion therein of the final two paragraphs. Apart from their apparent inconsistency with the balance of the opinion, they seem to me to be advisory in nature and while I have no quarrel with the sentiments expressed in the two questioned paragraphs, I would prefer to let decision in the circumstances hypothesized await the day of their presentation.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9470213. Public record. Not legal advice.