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DOWELL BY DOWELL v. BOARD OF EDUC. OF OKLAHOMA CITY PUBLIC SCHOOLS

No. 85-1886.

795 F.2d 1516 (1986)

Robert L. DOWELL, an infant under the age of 14 years, who sues by A.L. DOWELL, his father as next friend, Plaintiff-Appellant, Vivial C. Dowell, a Minor, by Her Father, A.L. Dowell, As Next Friend, et al., Intervening Plaintiffs-Appellants. Vivial C. Dowell, a minor, by her father, A.L. Dowell, as next friend, et al., Intervening Plaintiffs-Appellants, Stephen S. Sanger, Jr., on behalf of himself and all others similarly situated, et al., Intervening Plaintiffs, and Yvonne Monet Elliot and Donnoil S. Elliot, both minor children, by and through their parent and guardian, Donald R. Elliot, et al., Applicants in Intervention-Appellants, v. The BOARD OF EDUCATION of the OKLAHOMA CITY PUBLIC SCHOOLS, INDEPENDENT DISTRICT NO. 89, Oklahoma County, Oklahoma, a Public Body Corporate, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 1986.

Attorney(s) appearing for the Case

Theodore M. Shaw (Julius LeVonne Chambers and Napoleon B. Williams, Jr., with him on briefs), New York City, John W. Walker, Little Rock, Ark., and Lewis Barber, Jr., of Barber/Traviolia, Oklahoma City, Okl., for plaintiffs and applicants in intervention-appellants.

Ronald L. Day of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for The Bd. of Educ. of the Oklahoma City Public Schools, Independent Dist. No. 89, Oklahoma County, defendant-appellee.

William Bradford Reynolds, Asst. Atty. Gen., Walter W. Barnett, Mark L. Gross, and Michael Carvin, Attys., Dept. of Justice, Washington, D.C., filed an amicus curiae brief for the U.S. of America.

Before MOORE and ANDERSON, Circuit Judges, and JOHNSON, District Judge.

JOHN P. MOORE, Circuit Judge.

This appeal is the latest chapter in the odyssey of the desegregation of the public school system in Oklahoma City, Oklahoma. After many years of litigation, in 1977 the trial court found that the school district had achieved unitariness and entered an order terminating the court's active supervision of the case. The parties are now before this court after an unsuccessful attempt to enjoin the school district from altering the attendance...

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