LIDDELL v. BOARD OF EDUC. OF CITY OF ST. LOUIS

Nos. 84-2175, 84-2232, 84-2233 and 84-2242.

758 F.2d 290 (1985)

Craton LIDDELL, et al., Plaintiffs, v. The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, et al., Defendants. (Two Cases) The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, STATE OF MISSOURI, Appellant, v. CITY OF ST. LOUIS; United States of America; the State of Missouri; Arthur Mallory, Commissioner of Education of the State of Missouri, in his official capacity; the State of Missouri Board of Education; Christopher S. Bond, Governor of the State of Missouri; John Ashcroft, Attorney General of the State of Missouri; Melvin E. Carnahan, Treasurer of the State of Missouri; John A. Pelzer, Commissioner of Administration of the State of Missouri; the State of Missouri Board of Education and its members, Delmar A. Cobble (President), Robert L. Welling (Vice-President), Terry A. Bond, Roseann Bentley, Dan L. Blackwell, and Donald E. West, Appellees. (Two Cases) The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, STATE OF MISSOURI, Appellee, v. CITY OF ST. LOUIS; United States of America; the State of Missouri; Arthur Mallory, Commissioner of Education of the State of Missouri, in his official capacity; the State of Missouri Board of Education; Christopher S. Bond, Governor of the State of Missouri; John Ashcroft, Attorney General of the State of Missouri; Melvin E. Carnahan, Treasurer of the State of Missouri; John A. Pelzer, Commissioner of Administration of the State of Missouri; the State of Missouri Board of Education and its members, Delmar A. Cobble (President), Robert L. Welling (Vice-President), Terry A. Bond, Roseann Bentley, Dan L. Blackwell, and Donald E. West, Appellants. Craton LIDDELL, Kendra Liddell, minors, by Minnie LIDDELL, their mother and next friend, and Minnie Liddell; Roderick D. LeGrand, a minor, by Lois LeGrand, his mother and next friend, and Lois LeGrand; Clodis Yarber, a minor, by Samuel Yarber, his father and next friend, and Sam Yarber; Earline Caldwell; Lillie Mae Caldwell; Gwendolyn Daniels; and the National Association for the Advancement of Colored People, Appellants, v. The STATE OF MISSOURI; Arthur Mallory; Commissioner of Education of the State of Missouri, in his official capacity; the State of Missouri Board of Education; Christopher S. Bond, Governor of the State of Missouri; John Ashcroft, Attorney General of the State of Missouri; Melvin E. Carnahan, Treasurer of the State of Missouri; John A. Pelzer, Commissioner of Administration of the State of Missouri; the State of Missouri Board of Education and its members, Delmar A. Cobble (President), Robert L. Welling (Vice-President), Terry A. Bond, Roseann Bentley, Dan L. Blackwell, and Donald E. West, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1985.

Opinion on Denial of Rehearing June 11, 1985.


Attorney(s) appearing for the Case

Kenneth Brostron and Michael Hoare, St. Louis, Mo., for appellants.

Robert Dierker and Robert Presson, St. Louis, Mo., for appellees.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.


Opinion on Denial of Rehearing En Banc June 11, 1985.

HEANEY, Circuit Judge.

This matter is before this Court on appeals by the Board of Education of the City of St. Louis and Craton Liddell, et al., and a cross-appeal by the State of Missouri. The appellants seek to set aside or modify several district court orders which they contend are inconsistent with this Court's en banc opinion of February 8, 1984, Liddell v. State of Missouri (Liddell VII...

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