PULIDO v. BENNETT

Nos. 86-1795, 87-1228.

860 F.2d 296 (1988)

Rudy A. PULIDO; Walter H. Baird; Glenn G. Moore; Jim S. Noel; Loren L. Reynolds; John M. Swomley, Jr.; G. Hugh Wamble; James A. White; Roy E. Willey; Geneva Dalton; Lakisa Dalton, a minor; Mashawn Dalton, a minor; Nicole Dalton, a minor; Siobhan Dalton, a minor; Anthony Fuqua, a minor; Trana Fuqua, a minor; Rickey Fuqua, a minor, said minors appearing by Geneva Dalton, as next friend; and Benny Gooden, Appellees, v. William J. BENNETT, individually and as Secretary of the United States Department of Education; and United States Department of Education, Appellants, Ronald Jones, et al., Intervenor, and Blue Hills Homes Corporation, a Missouri non-profit corporation. Rudy A. PULIDO; Walter H. Baird; Glenn G. Moore; Jim S. Noel; Loren L. Reynolds; John M. Swomley, Jr.; G. Hugh Wamble; James A. White; Roy E. Willey; Geneva Dalton; Lakisa Dalton, a minor, Mashawn Dalton, a minor; Nicole Dalton, a minor; Siobhan Dalton, a minor; Anthony Fuqua, a minor; Trana Fuqua, a minor; Rickey Fuqua, a minor, said minors appearing by Geneva Dalton, as next friend; and Dr. Benny Gooden, as next friend for his minor son, Appellants, v. William J. BENNETT, individually and as Secretary of the United States Department of Education; and United States Department of Education; and Blue Hills Homes Corporation, Appellees, Ronald Jones; Theresa Jones; Grace Moorning; William Grahl; Julia Ann Grahl; Dwayne Johnson; Daniel Hof and Linda Hof; Pamela Joan Brobst; Linda Johnson, Appellees.

United States Court of Appeals, Eighth Circuit.

October 18, 1988.


ORDER

JOHN R. GIBSON, Circuit Judge.

Following the issuance of our opinion in this case on June 2, 1988, 848 F.2d 880, a timely motion for rehearing was filed by the appellants. We called for responses, and while the motion for rehearing was pending before the court, the Supreme Court issued its decision in Bowen v. Kendrick, ___ U.S. ___, 108 S.Ct. 2562, 101 L.Ed.2d 520 (1988). In our earlier opinion we denied federal...

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