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SPURLOCK v. FOX

No. 12-5978.

716 F.3d 383 (2013)

Frances SPURLOCK; Jeffrey Spurlock, on behalf of their minor daughter, themselves, and all others similarly situated; Carroll Lewis; Tennessee Alliance for Progress, Plaintiffs-Appellants, v. David A. FOX et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Michael Lottman , Kingston Springs, Tennessee, for Appellants. Allison L. Bussell , Department of Law of the Metropolitan Government of Nashville and Davidson County, Nashville, Tennessee, for Appellees. ON BRIEF: Michael Lottman , Kingston Springs, Tennessee, Larry Woods , Allen Woods , Woods & Woods, Nashville, Tennessee, for Appellants. Allison L. Bussell , Christopher M. Lackey , Department of Law of the Metropolitan Government of Nashville and Davidson County, Nashville, Tennessee, John W. Borkowski , Hogan Lovells U.S. LLP, South Bend, Indiana, for Appellees.

Before: GILMAN, ROGERS, and SUTTON, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This is a class-action lawsuit alleging racial resegregation in the Nashville public school system. In July 2008, the Metropolitan Nashville Board of Public Education (the Board) adopted a new student-assignment plan generally referred to as the Rezoning Plan. The Rezoning Plan modified the student-assignment plan that had been in place since the Metropolitan Nashville Public Schools District (the District) achieved...

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