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ALLEN v. ALABAMA STATE BD. OF EDUC.

No. 86-7215.

816 F.2d 575 (1987)

Margaret T. ALLEN, individually and on Behalf of others similarly situated; Yolanda F. Lamar and Beverly K. Jones, individually and on Behalf of others similarly situated, Plaintiffs-Appellants, Board of Trustees of Alabama State University and Eria P. Smith, Plaintiffs-Intervenors Appellants, v. The ALABAMA STATE BOARD OF EDUCATION; Fob James, John M. Tyson, Jr., Ron Creel, S.A. Cherry, Ralph D. Higginbotham, Victor P. Poole, Harold C. Martin, James B. Allen, Jr., and Roscoe Roberts, Jr., individually and as members of the Alabama State Board of Education; and Wayne Teague, individually and as State Superintendent of Education, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 22, 1987.

Attorney(s) appearing for the Case

Donald V. Watkins, Watkins, Carter & Knight, Montgomery, Ala., Mark David Schneider, Bredhoff & Kaiser, Robert H. Chanin, Washington, D.C., for Allen, et al.

Blacksher, Menefee & Stein, P.A., Gregory B. Stein, Mobile, Ala., Solomon S. Seay, Jr., Seay & Davis, Montgomery, Ala., for Board of Trustees of Alabama State University & Eria P. Smith.

R. David Christy, Asst. Atty. Gen., Algert S. Agricola, Jr., David R. Boyd, Balch & Bingham, Montgomery, Ala., for defendants-appellees.

Before TJOFLAT and EDMONDSON, Circuit Judges, and EATON, Senior District Judge.

EDMONDSON, Circuit Judge:

The opinion, dated November 25, 1986, in this case has been withdrawn.

This case presents us with this question: whether the eleventh amendment or principles of federalism preclude a federal court from enforcing a settlement agreement in a Title VII case in which a state Board of Education is defendant where Board members expressly authorized the Board's lawyer to advise the court that a...

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