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JAFFREE v. WALLACE

No. 87-7359. Non-Argument Calendar.

837 F.2d 1461 (1988)

Ishmael JAFFREE; Mozell Hurst Jaffree, on behalf of herself and all persons similarly situated; Jamael Akki Jaffree; Makeba Green; Chioke Saleem Jaffree; Mailah Akwete Jaffree; Talibah Akwokwo Jaffree, infants, by and through their best of friend and father, Ishmael Jaffree, on behalf of themselves and all other persons similarly situated; Chrystobel Allen; Deborah Darlene Allen; Ronald Lernard Allen; Rebecca Michelle Allen; Clara Preston; Essina M. Preston; Nikklas R. Kidd, Plaintiffs-Appellants, v. George C. WALLACE, as Governor of the State of Alabama, etc; John Tyson, Jr.; Isabelle Thomasson; Nolan Williams; Dr. John L. Fulmer; Victor P. Poole; Dr. Harold C. Martin; Dr. James B. Allen, Jr.; and Dr. Evelyn Pratt, as members of the Alabama State Board of Education; Wayne Teague, as Superintendent of Ala. Bd. of Education; Board of School Commissioners of Mobile County; Judy A. McCain, individually and as member of Board of School Commissioners; Charles S. Belk; Howard F. Mathis, III; Norman C. Cox and Dr. Robert Gilliard, Individually and as members of Board of School Commissioners of Mobile County; Dr. Abe Hammons, Individually and as Superintendent of the Mobile County Board of Education, and Douglas T. Smith, teacher in Public School System of Montgomery County, Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 22, 1988.

Attorney(s) appearing for the Case

Ishmael Jaffree, Legal Services Corp. of Alabama, Mobile, Ala., for plaintiffs-appellants.

Jim R. Ippolito, Jr., Office of General Counsel, Alabama Dept. of Educ., Montgomery, Ala., for Alabama State Bd. of Educ. and State Supt. of Educ.

Thomas O. Kotouc, Parker & Kotouc, Thomas F. Parker IV, Montgomery, Ala., for Douglas T. Smith.

Robert C. Campbell, III, Sintz, Campbell, Duke, Taylor, & Cunningham, Mobile, Ala., for Board of School Comm. of Mobile County, et al.

Before HILL, FAY and EDMONDSON, Circuit Judges.

PER CURIAM:

This appeal raises several issues concerning the doctrine of res judicata. Plaintiffs filed and amended their complaint during the pendency of the appeal to this court in Smith v. Board of School Comm'rs of Mobile County, 827 F.2d 684 (11th Cir.1987). The district court (Judge W. Brevard Hand) found that "the issues sought to be litigated in this action are founded upon legal theories which, at the time this action...

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