JENKINS BY AGYEI v. STATE OF MO.

Nos. 85-1765, 85-1949, 85-1974 and 85-2077.

807 F.2d 657 (1986)

Kalima JENKINS, by her next friend, Kamau AGYEI, et al., Appellants/Appellees, and American Federation of Teachers, Local 691, Appellant/Appellee, v. The STATE OF MISSOURI, et al., Appellants/Appellees, Park Hill School District R-5 and Dr. Merlin A. Ludwig, Superintendent thereof, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1986.

Rehearings Denied February 5, 1987.


Attorney(s) appearing for the Case

James Liebman, New York City, and Arthur Benson, Kansas City, Mo. (on rebuttal), for Kalima Jenkins.

Allen Snyder, Washington, D.C., for Kansas City, Missouri School Dist.

Counsel who presented argument on behalf of appellees were H. Bartow Farr III, Washington, D.C., for State of Mo.

George Feldmiller, Kansas City, Mo., for Consol. Suburban School Districts.

Robert McDonald, Blue Springs, Mo., for Individual Suburban Schools.

John Hoyle, Washington, D.C., for H.U.D.

Michael Gordon, Kansas City, Mo., for intervenor, American Federation of Teachers.

Before LAY, Chief Judge, HEANEY, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and WOLLMAN, Circuit Judges, En Banc.


JOHN R. GIBSON, Circuit Judge.

This case arises from claims of unconstitutional racial segregation of school children in the Kansas City metropolitan area. After trial, the district court1 imposed an intradistrict remedy against the Kansas City, Missouri School District (KCMSD) and the State of Missouri with the State bearing approximately three-fourths of the cost. The district court found that the KCMSD and the State had not eradicated...

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