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DAVIS v. HOT SPRINGS SCHOOL DIST.

No. 15-1919.

833 F.3d 959 (2016)

W.T. DAVIS, Individually and on behalf of a Class of Taxpayers of Garland County, Arkansas, Similarly Situated, and; Garland County Chapter of the N.A.A.C.P., Plaintiffs-Appellees v. HOT SPRINGS SCHOOL DISTRICT; Arkansas, State of; Arkansas State Board of Education, Defendants-Appellees. Earle Love, Individually, and as a Member of the Arkansas State Board of Education; L.D. Harris, Individually, and as a Member of the Arkansas State Board of Education; Jeff Starling, Individually, and as a Member of the Arkansas State Board of Education; Robert L. Newton, Individually, and as a Member of the Arkansas State Board of Education; Dr. Harry P. McDonald, Individually, and as a Member of the Arkansas State Board of Education; Rae-Perry, Individually, and as a Member of the Arkansas State Board of Education; Elaine Scott, Individually, and as a Member of the Arkansas State Board of Education; Walter Turnbow, Individually, and as a Member of the Arkansas State Board of Education; Nancy Wood, Individually, and as a Member of the Arkansas State Board of Education; Garland County Board of Education; Van Smith, Individually, and as a Member of the Garland County Board of Education; Carl L. Johnson, Individually, and as a Member of the Garland County Board of Education; Flora Kimball, Individually, and as a Member of the Garland County Board of Education; Ira Livers, Individually, and as a Member of the Garland County Board of Education; John Wainscott, Individually, and as a Member of the Garland County Board of Education; E.T. Shuffield, Individually, and as a Member of the Garland County Board of Education, Defendants. Cutter Morning Star School District; Fountain Lake School District; Jessieville School District; Lake Hamilton School District; Lakeside School District; Mountain Pine School District, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jess Askew, III , of Little Rock, AR. The following attorney(s) appeared on the appellant brief; Ashley Welch Hudson , of Little Rock, AR., D. Scott Hickman , of Hot Springs, AR.

Counsel who presented argument on behalf of the appellees Davis and N.A.A.C.P. was Justin Byrum Hurst , of Hot Springs, AR. Counsel who presented argument for Hot Springs School District was Allen P. Roberts , of Camden, AR. The following attorney(s) appeared on the appellees' brief; Quincy Byrum Hurst, Jr. , of Hot Springs, AR and Whitney F. Moore , of Little Rock, AR.

Before GRUENDER, BRIGHT, and KELLY, Circuit Judges.

Cutter Morning Star School District, Fountain Lake School District, Jessieville School District, Lake Hamilton School District, and Mountain Pine School District (the school districts) sought termination of the Garland County School Desegregation Case Comprehensive Settlement Agreement (the Agreement) and relief from the district...

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