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BROWN v. BOARD OF EDUC. OF TOPEKA

No. 87-1668.

892 F.2d 851 (1989)

Oliver BROWN, et al., Plaintiffs, and Charles Smith and Kimberly Smith, Minor Children, By Their Mother And Next Friend, Linda Brown Smith, et al., Intervening Plaintiffs-Appellants, v. BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing and Rehearing Denied January 29, 1990.

Attorney(s) appearing for the Case

Christopher A. Hansen (Richard Jones, Wichita, Kan., Charles Scott, Sr., Charles Scott, Jr., Kansas City, Mo., and Joseph Johnson, Topeka, Kan., with him on the brief), American Civil Liberties Union Foundation, for plaintiffs-appellants.

Dan Biles, of Gates & Clyde, Overland Park, Kan., Carl Gallagher, Asst. Atty. Gen. (Robert T. Stephan, Atty. Gen. with him on the brief), and K. Gary Sebelius (Ann L. Baker, Charles D. McAtee and Charles N. Henson with him on the brief) of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendants-appellees.

Before McKAY, SEYMOUR and BALDOCK, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 29, 1990.

SEYMOUR, Circuit Judge.

"[O]nce you begin the process of segregation, it has its own inertia. It continues on without enforcement."1 This comment by one expert on segregation in schools succinctly summarizes the state of affairs in Topeka. As a former de jure segregated school system, Topeka has long labored under the duty to eliminate the consequences of its prior...

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