UNITED STATES of America, et al., Plaintiffs-Appellees,
John F. Knight, Jr., et al., Plaintiffs-Intervenors, Appellees,
v.
The STATE OF ALABAMA, et al., Defendants,
The Alabama State Board of Education; Wayne Teague, State Superintendent of Education, Defendants-Appellants.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
June 6, 1986.
Rehearing and Rehearing Denied July 10, 1986.
Attorney(s) appearing for the Case
Charles S. Coody, General Counsel, Dept. of Educ., Office of General Counsel, Jim R. Ippolito, Associate Counsel, Montgomery, Ala., for State Bd. of Educ. and Wayne Teague, State Superintendent of Educ.
Robert L. Potts, The Board of Trustees of the Univ. of Alabama, Office of the General Counsel, C. Glenn Powell, University, Ala., for amicus curiae, Bd. of Trustees of Univ. of Ala. & Ind. members thereof in official capacities.
M. Stanford Blanton, Balch & Bingham, Birmingham, Ala., T.W. Thagard, Jr., Balch & Bingham, Montgomery, Ala., for Auburn Univ. and individual member Bd. of Trustees.
Wm. Bradford Reynolds, Asst. Atty. Gen., Dept. of Justice, Civil Rights Div., Mark Gross, Attorney, Brian Landsberg, Attorney, for U.S.
James U. Blacksher, Blacksher, Menefee & Stein, P.A., Mobile, Ala., Gregory B. Stein and Donald V. Watkins, Watkins, Carter & Knight, Montgomery, Ala., for intervenors, John F. Knight, Jr., et al.
Solomon S. Seay, Jr., Law Offices of Seay & Davis, Terry G. Davis, Montgomery, Ala., for Bd. of Trustees, Alabama State Univ.
Joe R. Whatley, Jr., Falkenberry, Whatley & Heidt, Birmingham, Ala., for Alabama A&M.
Walter J. Merrill, Merrill, Porch, Doster & Dillon, Anniston, Ala., for Jackson State Univ.
Armand Derfner, McClain & Derfner, Charleston, S.C., for Alabama State Univ.
Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, Senior District Judge.
United States Court of Appeals, Eleventh Circuit.
Rehearing and Rehearing En Banc Denied July 10, 1986.
Corrected Opinion.
JOHNSON, Circuit Judge:
We review here the district court's decision to enjoin the Alabama State Board of Education ("the Board") and its members from refusing to recertify certain Alabama State University (ASU) teacher education programs. We REVERSE the district court's entry of the injunction against the Board and its members on behalf of ASU, and the entry of the injunction...
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