DOWELL v. BD. OF EDUC. OF OKL. CITY PUBLIC SCHOOLS

No. 88-1067.

890 F.2d 1483 (1989)

Robert L. DOWELL, an infant under the age of 14 years of age, who sues by A.L. DOWELL, his father, as next friend, Plaintiff-Appellant, Vivian C. Dowell, a minor, by her father, A.L. Dowell, as next friend; Edwina Houston Shelton, a minor, by her mother, Gloria Burse; Gary Russell, a minor, by his father, George Russell; Stephen S. Sanger, on behalf of himself and all others similarly situated, Plaintiffs-Intervenors-Appellants, v. The BOARD OF EDUCATION OF THE OKLAHOMA CITY PUBLIC SCHOOLS, INDEPENDENT DISTRICT NO. 89, OKLAHOMA CITY, OKLAHOMA, a Public Body Corporate; Jack F. Parker, Superintendent of the Oklahoma City, Oklahoma Public Schools; M.J. Burr, Assistant Superintendent of the Oklahoma City, Oklahoma Public Schools; Melvin P. Rogers, Phil C. Bennett, William F. Lott, Mrs. Warren F. Welch, Foster Estes, Members of The Board of Education of Oklahoma City Schools, Independent District No. 89, Oklahoma County, Oklahoma; William C. Haller, County Superintendent of Schools of Oklahoma County, Oklahoma, Defendants-Appellees, Jenny Mott McWilliams, a minor, and David Johnson McWilliams, a minor, who sue by William Robert McWilliams, their father and next friend, on behalf of themselves and all others similarly situated; Renee Hendrickson, a minor, Bradford Hendrickson, a minor, Teresa Hendrickson, a minor, and Cindy Hendrickson, a minor, who sue by Donna P. Hendrickson, as mother and next friend of each of said minors; and Donna P. Hendrickson, Individually, and for themselves, and all others similarly situated, Defendants-Intervenors-Appellees, David Webster Verity, a minor, by and through his next friend, George L. Verity; George L. Verity and Ellen Verity, for themselves and all others similarly situated; Taejemo Danzie, a minor, by and through Mrs. A.J. Danzie, her next friend; and Mrs. A.J. Danzie, for themselves and all others similarly situated, Intervenors.

United States Court of Appeals, Tenth Circuit.

October 6, 1989.


Attorney(s) appearing for the Case

Norman J. Chachkin (Julius L. Chambers and Janell M. Byrd, New York City, Lewis Barber, Jr. of Barber and Traviolia, Oklahoma City, Okl., and John W. Walker and Lazar M. Palnick of John W. Walker, P.A., Little Rock, Ark., with him on the briefs), New York City, for appellants.

Ronald L. Day of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for appellees.

Wm. Bradford Reynolds, Asst. Atty. Gen., David K. Flynn and Mark L. Gross, Dept. of Justice, on the briefs for the U.S. as amicus curiae.

Before SEYMOUR, MOORE and BALDOCK, Circuit Judges.


MOORE, Circuit Judge.

Since its genesis, this litigation has sought to eradicate the effects of an official policy of racial segregation in the public schools of Oklahoma City, Oklahoma, and assure that each child enrolled in an Oklahoma City school enjoys the same right to a public education. We are now at a crossroad in the substantive and procedural life of this case and must decide whether, after our last remand, the...

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