KELLEY v. BD. OF EDUC. OF NASHVILLE & DAVIDSON CTY.

Nos. 85-5837, 85-5838.

836 F.2d 986 (1987)

Robert W. KELLEY, et al., Plaintiffs, v. METROPOLITAN COUNTY BOARD OF EDUCATION OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, et al., Defendants-Third-Party Plaintiffs-Appellees, Cross-Appellants, v. STATE OF TENNESSEE; Lamar Alexander, Governor of the State of Tennessee; Robert L. McElrath, Commissioner of Education and State Board of Education, Third-Party Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 30, 1987.

Rehearing and Rehearing Denied March 15, 1988.


Attorney(s) appearing for the Case

William R. Willis, Jr., Marian F. Harrison (argued), Willis and Knight, Nashville, Tenn., for defendants-third-party plaintiffs-appellees, cross-appellants.

W.J. Michael Cody, Atty. Gen. of Tennessee, Nashville, Tenn., R. Stephen Doughty, Stephen Nunn (argued), for third-party defendants-appellants, cross-appellees.

Before ENGEL, NELSON and RYAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 15, 1988.

DAVID A. NELSON, Circuit Judge.

This case originated in 1955 as a desegregation action brought by a group of black school children and their parents against the school board of Nashville, Tennessee. A similar action was filed in 1960 against the board of education of Davidson County, in which Nashville is located. The actions were consolidated, and the original defendants were replaced by the Metropolitan...

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