FISHER v. TUCSON SCHOOL DIST. NO. ONE

No. 79-3378.

625 F.2d 834 (1980)

Roy and Josie FISHER, next of kin of Elizabeth Fisher, Boyd and Elizabeth Lewis, next of kin of Elizabeth, Ellen, Warren, and Jeff Lewis; Lloyd D. and Virginia Hall, next of kin of Kenneth and Lloyd D. Hall; and George and Joyce Brown Hutton, next of kin of Mondre Hutton; all on behalf of any persons similarly situated, Plaintiffs-Appellees, and United States of America, Plaintiff-Intervenor-Appellee, v. TUCSON SCHOOL DISTRICT NUMBER ONE; Tucson School District Number One Board of Education and its Individual Members, Leba Wine, Soleng Tom, Mitchell Vavich, Helen Haffley, and Katie Dusenberry; and Thomas Lee, Superintendent of Tucson School District Number One, Defendants-Appellees, and Sidney L. Sutton, Sally J. Sutton, and Sidney L. Sutton and Sally J. Sutton as Parents, Natural Guardians and next friend of Sean Sutton; John R. Centeno, Mary Katherine Centeno and John R. Centeno and Mary Katherine Centeno as Parents, Natural Guardians and next friend of Sandra Katherine Centeno and James Lee Centeno; Librada G. Ruiz and Librada G. Ruiz as Parent, Natural Guardian and next friend of Andres L. Ruiz; Sidney Taize and Sidney Taize as Parent, Natural Guardian and next friend of Jonathan Taize, Lisa Taize and Joshua Taize, Defendants-Intervenors-Appellants. Sidney L. SUTTON, Individually and on Behalf of his Wife and Minor Children, Appellant, and Maria Mendoza, Individually and on behalf of Stephen Mendoza, a Minor; Theresa Trujillo, Individually and on behalf of Albert Trujillo, Joe Trujillo, and David Trujillo, Minors; Alberto Sanchez, Individually and on behalf of Jaime Sanchez, Ana Celis Sanchez, John Sanchez, Ernest Sanchez, George Sanchez, and Betty Sanchez, Minors; and on behalf of all others similarly situated, Plaintiffs-Objectors-Appellees, and Julia O. Flores, Billie Gutierrez, Theresa Medina, Betty M. Granillo, Carol Cruz-Popkin, Barney Paul Popkin, Carmen P. Urrutia, Manuel Alvarado, Carolyn Hackworth, Gloria Hagler, Johnny Randolph-Kelly, Thelma B. Manriquez, Aldolfo A. Suarez, Nat Washington II, Ralph O. Gomez, Juan Brito, Marcia Almeda, Emilia Talamantez, Ellen Lee Esperanza Silva, Antonette Romo, Ronald Q. Huerta, and Lupe Montano, Plaintiffs-Objectors-Appellees, and United States of America, Plaintiff-Intervenor-Appellee, v. TUCSON SCHOOL DISTRICT NUMBER 1; the Board of Education, Tucson School District Number 1; Leba Wine, Soleng Tom, Mitchell Vavich, Helen Haffley, and Katie Dusenberry, Individually and as Members, Board of Education, Tucson School District Number 1; Thomas Lee, Individually and as Superintendent of Tucson School District Number 1, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 27, 1980.


Attorney(s) appearing for the Case

Edmund D. Kahn, Tucson, Ariz., for appellants.

J. M. Brammer, Jr., Tucson, Ariz., John R. Moore, Washington, D. C., Morris J. Baller, San Francisco, Cal., William J. Maledon, Phoenix, Ariz., argued, for appellees; Rubin Salter, J. Wm. Brammer, Tucson, Ariz., on brief.

Before CHOY and SNEED, Circuit Judges, and EAST, District Judge.


EAST, District Judge:

This is a companion case to Mendoza et al. v. Tucson Unified School District Number 1, 623 F.2d 1338 (9th Cir. 1980), in which we affirm the District Court's approval of a stipulated settlement to a school desegregation action. Pursuant to that stipulation of settlement, the principal parties subsequently reached agreement on modifications and extensions of the original desegregation plan. Sutton, et al...

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