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MILLER v. BOARD OF ED. OF TOPEKA UNIFIED SCHOOL DISTRICT

Nos. 80-1707, 80-1708.

667 F.2d 946 (1982)

Carla Michelle MILLER, a minor aged eleven (11) years, by Marlene Miller, her natural mother and next friend, for herself and all others similarly situated, Plaintiff-Appellant, v. BOARD OF EDUCATION OF TOPEKA UNIFIED SCHOOL DISTRICT 501, et al., Defendants-Appellees. Gregory Grant CHAPMAN, et al., Plaintiffs-Appellants, v. BOARD OF EDUCATION OF TOPEKA UNIFIED SCHOOL DISTRICT 501, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1982.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., Phelps, Chartered, Topeka, Kan., for plaintiffs-appellants.

Ronald W. Fairchild, Topeka, Kan. (Charles N. Henson, Topeka, Kan., with him on the brief), of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendants-appellees Board of Education, Unified School District 501, Duane Pomeroy, Peggy Boggs, Joe Douglas, Ross R. Freeman, Don Oden, Ron Taylor, and Pat Thompson.

Leslie A. Kulick, Asst. Atty. Gen., State of Kansas, Topeka, Kan. (Robert T. Stephan, Atty. Gen., Topeka, Kan., with her on the brief), for defendant-appellee State of Kansas.

Before SETH, Chief Judge, BREITENSTEIN, Circuit Judge, and KUNZIG, Judge.

PER CURIAM.

These two cases were consolidated for pretrial purposes, at which stage they were dismissed upon the defendants' motion. The defendants are the Board of Education of Topeka Unified School District 501 (U.S.D. 501), the individual board members in their official capacities, and the state of Kansas. These are both proposed class actions brought by black students of U.S.D. 501 through their parents as next friends. The claim is made in each case that the...

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