PITTS BY PITTS v. FREEMAN

Nos. 88-8687, 88-8775.

887 F.2d 1438 (1989)

Willie Eugene PITTS, a minor, by his mother and next friend, Mrs. Anna Mae PITTS, Victor Martin; a minor, by his father and next friend, Robert L. Martin; Kelvin, Felicia, Alfred, Orma, and Alfredia Henderson, minors, by their mother and next friend, Rebecca Henderson, Patricia Joyce Reeves, a minor, by her mother and next friend, Mrs. Rosa Lee Reeves; Anthony Reed and Cecilia Searcy, minors, by their mother and next friend, Mrs. Juanita Searcy; Ned and Becky Stone, minors, by their father and next friend, Alfred E. Stone, Jr.; Joy, Bridget and Sandra Becker, minors, by their father and next friend, Louis E. Becker; Monica Rocker, a minor, by her father and next friend, Arthur "Rock" Rocker; John Johnson and Devett Smith, minors, by their mother and next friend, Ms. Eunice A. Smith; Frankie Prather, a minor, by guardian and next friend, Cynthia Scott, and her father and next friend, Major Scott; Princess Mills, a minor, by her father and next friend, Roger Mills; Mark Anthony Wharton, a minor, by his mother and next friend Doris Patillar; and all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, Ann T. Johnson, Intervening Plaintiff, v. Robert FREEMAN, Superintendent, Lyman Howard, Norma Travis, and Phil Mc Gregor, DeKalb County Board of Education Members, Defendants-Appellees, Cross-Appellants. Willie Eugene PITTS, et al., Plaintiffs-Appellants, Cross-Appellees, v. Robert R. FREEMAN, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied November 13, 1989.


Attorney(s) appearing for the Case

Marcia W. Borowski, Atlanta, Ga., for plaintiffs-appellants, cross-appellees.

Gary M. Sams, Weekes & Candler, Charles L. Weatherly, Weekes & Candler, J. Stanley Hawkins, Mark D. Welsh, Decatur, Ga., for defendants-appellees, cross-appellants.

Before FAY and HATCHETT, Circuit Judges, and ALLGOOD, Senior District Judge.


Rehearing and Rehearing In Banc Denied November 13, 1989.

HATCHETT, Circuit Judge:

In 1985, in this case, we stated:

The district court['s] ... characterization of the DeKalb County School System as unitary was error. As the defendants suggest, it is possible that the district court did not intend its use of the word `unitary' to be equated with the unitary status that requires dismissal of the action. The court may have been stating merely that a...

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