HORTON v. MARSHALL PUBLIC SCHOOLS

No. 84-1914.

769 F.2d 1323 (1985)

Buford HORTON and Laretta Horton, Husband and Wife, and Phillip Allen Roberson, By and Through His Guardians and Next Friends, Buford Horton and Laretta Horton; Janie A. Williams and Rhonda Williams, By and Through Janie Williams, Next Friend, Appellants, v. MARSHALL PUBLIC SCHOOLS, Herbert Cleek, Individually and in His Official Capacity as Superintendent of Marshall Public Schools; Spence Holder, Individually and in His Capacity as Principal of Marshall Public School; Coy England, Cecil Ray Jenning, Jr., Bob Blare, James Hubbard, and Melvin Evans, Individually and in their Respective Official Capacities as Members and Directors of the School Board of the Marshall School District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1985.

Opinion on Denial of Rehearing October 17, 1985.


Attorney(s) appearing for the Case

Marcia McIvor (argued) Fayetteville, Ark., for appellants.

W. Paul Blume (argued) Little Rock, Ark., for appellees.

Before HEANEY, ROSS, and McMILLIAN, Circuit Judges.


Opinion on Denial of Rehearing En Banc October 17, 1985.

ROSS, Circuit Judge.

The plaintiffs in this case challenged the facial constitutionality of the domicile requirement embodied in ARK.STAT.ANN. § 80-1501 (Supp.1983) as it relates to minor children who wish to attend public school in Arkansas. This statute provides as follows:

The public schools of any school district in this State shall be open and free through completion...

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