In this school desegregation case the District Court after an evidentiary hearing held that petitioner, Dayton, Ohio School Board had engaged in racial discrimination in the operation of city schools. On the basis of a cumulative violation of the Equal Protection Clause that the court found, the District Court, following reversals by the Court of Appeals of more limited remedies, ultimately formulated and the Court of Appeals approved a systemwide remedy. The plan required, beginning with the 1976-77 school year, that the racial composition of each school in the district be brought within 15% of Dayton's 48%-52% black-white population ratio. The Court held: 1) judged most favorably to respondent parents of black children, the District Court's findings of constitutional violations did not suffice to justify the systemwide remedy. It was not demonstrated that the systemwide remedy, in effect imposed by the Court of Appeals was necessary to eliminate all vestiges of the state-imposed school segregation, and 2) in a case like this, where mandatory racial segregation has long since ceased, it must first be determined if the school board intended to, and did in fact, discriminate, and all appropriate additional evidence should be adduced; and only if systemwide discrimination is shown may there be a systemwide remedy. Meanwhile, the present plan should remain in effect for the coming school year subject to further District Court orders as additional evidence might warrant. (Author/AM)