JENKINS BY AGYEI v. STATE OF MO.

No. 88-1698.

862 F.2d 677 (1988)

Kalima JENKINS, by her friend Kamau AGYEI; Carolyn Dawson, by her friend Richard Dawson; Tufanza A. Byrd, by her next friend, Teresa Byrd; Derek A. Dydell, by his next friend Maurice Dydell; Terrance Cason, by his next friend, Antoria Cason; Jonathan Wiggins, by his next friend Rosemary Jacobs Love; Kirk Allan Ward, by his next friend, Mary Ward; Robert M. Hall, by his next friend, Denise Hall; Dwayne A. Turrentine, by his next friend, Sheila Turrentine; Gregory A. Pugh, by his next friend, David Winters, on behalf of themselves and all others similarly situated; Appellees, and American Federation of Teachers, Local 691, v. The STATE OF MISSOURI; Honorable John Ashcroft, Governor of the State of Missouri; Wendell Bailey, Treasurer of the State of Missouri; Missouri State Board of Education, Roseann Bentley, Dan Blackwell, Terry A. Bond, President, Delmar A. Cobble, Grover Gamm, Jimmy Robertson, Robert L. Welling, Donald E. West, Members of the Missouri Board of Education, Arthur L. Mallory, Commissioner of Education of the State of Missouri, Appellants, and School District of Kansas City, Missouri and Claude C. Perkins, Superintendent thereof, Icelean Clark; Bobby Anderton; Eleanor Graham; John C. Howard; Craig Martin; Gay D. Williams; Kansas City Mantel & Tile Co.; Coulas & Griffin Insurance Agency, Inc.; Sharon Dunham; Lindsay K. Kirk; Linda Frazier; Rick Feierabend; Linda Hollenbeck; James Hollenbeck; Susan Horseman; and Clifford M. Horseman, Jackson County, Missouri.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1988.


Attorney(s) appearing for the Case

Michael J. Fields, Asst. Atty. Gen., Jefferson City, Mo., for appellants.

Arthur A. Benson, II, Kansas City, Mo., and Russel E. Lovell, II, Des Moines, IA., for appellees.

Before LAY, Chief Judge, HEANEY and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The State of Missouri appeals an order of the district court1 awarding fees in the Kansas City, Missouri School District (KCMSD) litigation. The sole issue before us is whether the district court erred by including in the attorney fee award services rendered by Arthur Benson and his staff for their activities in the Kansas City school district levy elections. The...

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