JENKINS BY AGYEI v. STATE OF MO.

No. 90-2314.

942 F.2d 487 (1991)

Kalima JENKINS, by her friend, Kamau AGYEI; Carolyn Dawson, by her next friend, Richard Dawson; Tufanza A. Byrd, by her next friend, Teresa Byrd; Derek A. Dydell, by his next friend, Maurice Dydell; Terrance Cason, by his next friend, Antoria Cason; Jonathan Wiggins, by his next friend, Rosemary Jacobs Love; Kirk Allan Ward, by his next friend, Mary Ward; Robert M. Hall, by his next friend, Denise Hall; Dwayne A. Turrentine, by his next friend, Shelia Turrentine; Gregory A. Pugh, by his next friend, David Winters, on behalf of themselves and all others similarly situated; Appellees, American Federation of Teachers, Local 691, Appellee, v. The STATE OF MISSOURI; Honorable John Ashcroft, Governor of the State of Missouri; Wendell Bailey, Treasurer of the State of Missouri; Missouri State Board of Education Roseann Bentley Dr. Dan Blackwell Rev. Raymond McCallister, Jr. Susan D. Finke Thomas R. Davis (Presiding) Cynthia B. Thompson Gary M. Cunningham Members of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri, Appellants, and School District of Kansas City, Missouri and Claude C. Perkins, Superintendent thereof, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1991.


Attorney(s) appearing for the Case

Michael Fields, Jefferson City, Mo., argued, for appellant; John W. Simon and Bart A. Matanic, Jefferson City, Mo., on the brief.

Arthur Benson, Kansas City, Mo., argued, for appellee; Theodore M. Shaw, Los Angeles, Cal. and Doyle R. Pryor of Kansas City, Mo., on the brief.

Before McMILLIAN and JOHN R. GIBSON, and Circuit Judges, HEANEY, Senior Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

Another appeal from the Kansas City, Missouri, School District desegregation remedy is now before us. The State appeals from a district court1 order approving a contingency plan that modifies the magnet school admissions policy for the 1990-91 school year. The contingency plan temporarily allows deviation from the original Long-Range Magnet School Plan, which required that new magnet schools open with a student...

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