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UNITED STATES v. STATE OF ARK.

Nos. 85-1177, 85-1290.

791 F.2d 1573 (1986)

UNITED STATES of America, Appellee, v. STATE OF ARKANSAS; Arkansas Department of Education, Dr. Don R. Roberts, Director; Wayne Hartsfield, Chairman; Jim Dupree; T.C. Cogbill, Jr.; Rabie Rhodes; Dr. John W. Cole; Harry A. Haines; Rev. Emery Washington; Jack E. Meadows; and Dr. Ellis Gardner, Appellants, Nemo Vista School District and South Conway County School District, Appellees, Conway County Board of Education; Ernest L. Rankin, Secretary; J.D. Barnum, B. Jack Wilson; Leon Cowan; Fred Burnett and James E. Leach, Members; East Side School District No. 5, Peter Faison, Superintendent; Cain Cochran; J.D. Hammond; Rupert Hemphill; Ladel Morris and Sammie Chriswell, Members; Nemo Vista School District No. 8, T.O. Adams, Superintendent; Haven Mahon; Clyde Stobaugh; J.V. Ward; J.M. Carr and Henry Huett, Members; Wonderview School District No. 2, John Dunsworth, Superintendent; Tony Rowell; Bill Alvey; Wayland Duvall; James Wells; Don Hillis and Doyle Franklin, Members, Conway County School District No. 1; Tony L. Desalvo; Stanley McCoy; Tommy Lee; Leroy Rainey and R.E. Mitchum, Members; Ernest Rankin, Ex-officio Secretary. UNITED STATES of America, v. STATE OF ARKANSAS; Arkansas Department of Education, Dr. Don R. Roberts, Director; Wayne Hartsfield, Chairman; Jim Dupree; T.C. Cogbill, Jr.; Rabie Rhodes; Dr. John W. Cole; Harry A. Haines; Rev. Emery Washington; Jack E. Meadows; and Dr. Ellis Gardner, Appellees, Nemo Vista School District and South Conway County School District, Appellant, Conway County Board of Education; Ernest L. Rankin, Secretary; J.D. Barnum, B. Jack Wilson; Leon Cowan; Fred Burnett and James E. Leach, Members; East Side School District No. 5, Peter Faison, Superintendent; Cain Cochran; J.D. Hammond; Rupert Hemphill; Ladel Morris and Sammie Chriswell, Members; Nemo Vista School District No. 8, T.O. Adams, Superintendent; Haven Mahon; Clyde Stobaugh; J.V. Ward; J.M. Carr and Henry Huett, Members; Wonderview School District No. 2, John Dunsworth, Superintendent; Tony Rowell; Bill Alvey; Wayland Duvall; James Wells; Don Hillis and Doyle Franklin, Members, Conway County School District No. 1; Tony L. Desalvo; Stanley McCoy; Tommy Lee; Leroy Rainey and R.E. Mitchum, Members; Ernest Rankin, Ex-officio Secretary.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1986.

Attorney(s) appearing for the Case

C. Randy McNair, Asst. Atty. Gen., Little Rock, Ark., for appellants.

Charles J. Cooper, U.S. Dept. of Justice, Washington, D.C., for U.S.

Robert V. Light, Little Rock, Ark., for South Conway County School Dist.

Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BOWMAN, Circuit Judge.

This is a school desegregation case in the remedial stage of proceedings. The State of Arkansas and the Arkansas Department of Education (hereinafter sometimes collectively referred to as "the State") appeal from a final judgment of the District Court requiring the State to finance the costs of desegregating the schools in Conway County, Arkansas. The State contends that the District Court committed reversible error, first, by reinstating the...

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