DOWELL v. BD. OF EDUC. OF OKLAHOMA CITY PUB. SCH.

Nos. 91-6407, 92-6046.

8 F.3d 1501 (1993)

Robert L. DOWELL, an infant under the age of 14 years who sues by A.L. DOWELL, his father as next friend, Plaintiff-Appellant, Vivian C. Dowell, a minor, by her father A.L. Dowell, as next friend; Edwina Houston Shelton, a minor, by her mother, Gloria Burse; Gary Russell, a minor, by his father, George Russell; Stephen S. Sanger, on behalf of himself and all others similarly situated; Yvonne Monet Elliot and Donnoil S. Elliot, minors, by their father Donald Elliot; Diallo K. McClarty, a minor, by his mother Donna R. McClarty; Donna Chaffin and Floyd Edmun, minors, by their mother Glenda Edmun; Chelle Luper Wilson, a minor, by her mother Clara Luper; Donna R. Johnson, Sharon R. Johnson, Kevin R. Johnson and Jerry D. Johnson, minors, by their mother Betty R. Walker; Lee Maur B. Edwards, a minor, by his mother Elrosa Edwards; Nina Hamilton, a minor, by her father Leonard Hamilton; Jamie Davis, a minor, by his mother Etta T. Davis; Romand Roach, a minor, by his mother Cornelia Roach, on behalf of themselves and all other similarly situated black children and parents or guardians of black children, Plaintiffs-Intervenors-Appellants, v. The BOARD OF EDUCATION OF the OKLAHOMA CITY PUBLIC SCHOOLS, INDEPENDENT DISTRICT NO. 89, OKLAHOMA CITY, OKLAHOMA, a Public Body Corporate; Jack F. Parker, Superintendent of the Oklahoma City, Oklahoma Public Schools; M.J. Burr, Assistant Superintendent of the Oklahoma City, Oklahoma Public Schools; Melvin P. Rogers; Phil C. Bennett; William F. Lott; Mrs. Warren F. Welch; Foster Estes, Members of the Board of Education of Oklahoma City Schools, Independent District No. 89, Oklahoma County, Oklahoma; William C. Haller, County Superintendent of Schools of Oklahoma County, Oklahoma, Defendants-Appellees, Jenny Mott McWilliams, a minor, and David Johnson McWilliams, a minor, sue by William Robert McWilliams, their father and next friend, on behalf of themselves and all others similarly situated; Renee Hendrickson, a minor, Bradford Hendrickson, a minor, Teresa Hendrickson, a minor, Cindy Hendrickson, a minor, who sues by Donna P. Hendrickson, as mother and next friend of each of said minors, and Donna P. Hendrickson, individually, for themselves and all others similarly situated, Defendants-Intervenors-Appellees, David Webster Verity, a minor by and through his next friend, George L. Verity; George L. Verity, and Ellen Verity, for themselves and all others similarly situated; Taejemo Danzie, a minor, by and through Mrs. A.J. Danzie, her next friend; Mrs. A.J. Danzie, for themselves and all others similarly situated, Intervenors.

United States Court of Appeals, Tenth Circuit.

November 4, 1993.


Attorney(s) appearing for the Case

Janell M. Byrd, Washington, DC (Lewis Barber, Jr. of Barber & Marshall, Oklahoma City, OK, Julius L. Chambers and Norman J. Chachkin, New York City, and John W. Walker, Little Rock, AR, with her on the brief), for plaintiffs-appellants.

Charles J. Cooper (Micheal W. Kirk, also of Shaw, Pittman, Potts & Trowbridge, Washington, DC, and Laurie W. Jones of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, with him on the brief), for defendants-appellees.

Before LOGAN, McWILLIAMS, and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiffs, Oklahoma City schoolchildren and their parents, appeal the district court's termination of the decree requiring defendant Oklahoma City Board of Education1 to adopt and implement a comprehensive desegregation plan, and its dismissal of the case.

The facts and procedural history of this case have been discussed extensively in prior opinions of this court and the district court. See Dowell v....

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