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LIDDELL v. BOARD OF EDUC. OF CITY OF ST. LOUIS, MO.

Nos. 86-2565, 87-1001 and 87-1705.

830 F.2d 823 (1987)

In Re Craton LIDDELL, et al. v. BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, et al. BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, Appellee, v. The STATE OF MISSOURI, Appellant, In Re Craton LIDDELL, et al. v. BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, et al. BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, Appellant, v. The STATE OF MISSOURI, Appellee, Craton LIDDELL, et al. v. The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, et al. The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI, Appellant, v. The STATE OF MISSOURI; Arthur Mallory, Commissioner of Education of the State of Missouri, in his official capacity; The State of Missouri Board of Education; John Ashcroft, Governor of the State of Missouri; William Webster, Attorney General of the State of Missouri; Wendell Bailey, Treasurer of the State of Missouri; Stephen C. Bradford, Commissioner of Administration of the State of Missouri; The State of Missouri Board of Education and its members, Erwin A. Williamson (President), Jimmy Robertson (Vice-President), Grover A. Gamm, Delmar A. Cobble, Dale M. Thompson, Donald W. Shelton and Robert Welling, Appellees, Special School District of St. Louis County, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1987.

Attorney(s) appearing for the Case

Kenneth C. Brostron, St. Louis, Mo., for appellant.

Robert Presson, Jefferson City, Mo., for State of Mo.

Eric Schmitz, St. Louis, Mo., for Special School.

William P. Russell, St. Louis, Mo., for Liddell, plaintiffs.

Michael Middleton, Columbia, Mo., for NAACP.

Before HEANEY, McMILLIAN and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

This matter comes before this Court on appeals by the Board of Education of the City of St. Louis (City Board) and the State of Missouri (State). The NAACP and the Liddell plaintiffs file briefs on the question of class size in the nonintegrated elementary and middle schools in the City of St. Louis.

Several issues are raised on appeal, the most important being: (1) the class size in the nonintegrated elementary and middle schools; ...

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